Regulation respecting certain terms of employment applicable to officers of agencies and health and social services institutions

HEALTH SERVICES AND SOCIAL SERVICES — OFFICERS

Act respecting health services and social services

(chapter S-4.2, s. 487.2).

S-4.2

09September 0112012

O.C. 1218-96; T.B. 193821, s. 1.

CHAPTER 1

GENERAL

DIVISION 1

SCOPE

1.This Regulation applies to an officer of an agency and of a public institution or a private institution covered by section 475 of the Act respecting health services and social services (chapter S-4.2).

It also applies, with the exception of section 23 and of Division 7 of Chapter 3, to the officer physicians contemplated in section 8.1.

O.C. 1218-96, s. 1; T.B. 196312, s. 2; M.O. 2011-019, s. 1.

2.A person who, while not appointed to a position of officer with the employer, temporarily carries out the duties of an officer shall benefit from the conditions listed below:

— the professional contribution, management policies and leave for activities in the North prescribed in Chapter 1;

— the collective insurance plans prescribed in Chapter 4, for the duration of the employment, if the person temporarily holds a position of officer at more than 25% of full-time for an anticipated period of at least twelve months. In all other cases, a person carrying out the duties of an officer shall be eligible only for the monetary compensation provided for in the second paragraph of section 37;

— the parental rights plan prescribed in Chapter 4.1 for the duration of the employment;

— the development measures prescribed in Chapter 4.4;

— the right of appeal prescribed in Divisions 1 and 3 of Chapter 6.

Notwithstanding the first paragraph, shall not participate in group insurance plans provided for in Chapter 4 but instead shall receive the monetary compensation provided for in the second paragraph of section 37, any retired person who temporarily carries out the duties of an officer or temporarily occupies a position of officer with an employer while participating in group insurance plans for retired management personnel in the public and parapublic sectors or while receiving a pension under a pension plan administered by Retraite Québec, other than the Pension Plan of Elected Municipal Officers (PPEMO), the Retirement Plan for the mayors and councillors of municipalities or the Pension Plan of the Members of the National Assembly (PPMNA).

If the person contemplated in the first paragraph is a union member or unionizable non-member employed by the employer, the person shall continue to benefit from all applicable terms of employment. However, such person shall benefit from the remuneration prescribed in the first paragraph of section 23 if the employment conditions governing that person do not provide for reinstatement into a position of officer.

“administrative reorganization” means an administrative operation resulting from the effect of an Act or of a decision on the part of the Minister or a concerned employer and involving the elimination of one or more positions of officer; this includes, among other things, the amalgamation of employers, the integration of one or more employers with another employer, a grouping of employers, a pooling of supervisory resources or the services of several employers, a grouping of an employer’s administrative units or the closure of an employer; (réorganization administrative)

“career reorientation” means the moving of an officer to a position in a lower evaluation class, at the officer’s request; (réorientation professionnelle)

“continuous service” means the duration of the employment relationship with one or more employers in the public and parapublic sectors, including start-up institutions, as a senior administrator, as a union member, as a unionizable non-member or officer without interruption in the employment relationship for a period of more than 6 months; (service continu)

“demotion” means the moving of an officer to a position in a lower evaluation, following a decision by the employer class; (rétrogradation)

“dismissal” means the termination by an employer of the contractual employment of an officer, at any time and for just and sufficient cause; (congédiement)

“employer” means an agency or a public or private institution covered by section 475 of the Act; (employeur)

“evaluation class” means a ranking unit of the classification system used for the positions of senior administrators and officers that corresponds to an evaluation point range reflecting the relative value of positions; (classe d’évaluation)

“home base” means the home base determined by the employer according to the following criteria:

(1) the place where the officer usually carries out his duties;

(2) the place where the officer regularly receives his instructions;

(3) the place where the officer reports his activities; (port d’attache)

“intermediate officer” means a person whose position is considered to involve an intermediate level of supervision based on the tasks of the position in the employer’s organization plan, and whose evaluation class is consistent with the classification terms and conditions established by the Minister; (cadre intermédiaire)

“non-renewal of engagement” means the termination by the employer of the contractual employment relationship with the officer at the end of an engagement, but excludes a layoff; (non-rengagement)

“officer” means a person having line, staff or advisory responsibilities related to the planning, organization, direction, coordination and control functions who is appointed to a regular full-time or part-time management position; (cadre)

“on reserve” means the situation of an officer who has chosen the reinstatement option following the elimination of his position in accordance with Chapter 5 on employment stability measures; (disponibilité)

“parapublic sector” means all public institutions as defined in section 98 of the Act respecting health services and social services, private institutions covered by section 475 of the Act, agencies referred to in section 339 of the Act, school boards and general and vocational public colleges; (secteur parapublic)

“position” means a set of tasks provided for in the employer’s organization plan and classified in accordance with the evaluation system for senior administrator or officer positions established by the Minister; a position may be full-time or part-time; (poste)

“probation” means the period during which an employer verifies whether the officer exhibits skill and an ability to adapt in carrying out his duties; (probation)

“promotion” means the transfer of an officer to a position in a higher evaluation class; (promotion)

“public sector” means government departments or public agencies whose staff is governed by the Public Service Act (chapter F-3.1.1); (secteur public)

“reassignment” means the transfer of athen officer, following a decision of the officer’s employer, to a position of union member or unionizable non-member within the institution; (affectation)

“recall list” means a recall list, a reserve list, a list of substitute persons or any other list that serves as such in accordance with the collective agreements in force with the employer; (liste de rappel)

“reinstatement” means the transfer of an officer to whom the employment stability measures apply to another position of senior administrator, officer, union member or unionizable non-member; (replacement)

“retirement plan” means the Government and Public Employees Retirement Plan (RREGOP) instituted pursuant to the Act respecting the Government and Public Employees Retirement Plan (chapter R-10), the Teachers Pension Plan (RRE) instituted pursuant to the Act respecting the Teachers Pension Plan (chapter R-11) or the Civil Service Superannuation Plan (RRF) instituted pursuant to the Act respecting the Civil Service Superannuation Plan (chapter R-12) and the Pension Plan of Management Personnel (RRPE) instituted pursuant to the Act respecting the pension plan of management personnel (chapter R-12.1); (regime de retraite)

“salary” means the portion of direct monetary compensation of an officer corresponding to the salary class established for the position, including adjustments to salary classes and salary progression; (salaire)

“senior officer” means an officer appointed by the board of directors of an employer whose position is considered to involve a higher level of supervision based on the tasks of the position in that employer’s organization plan, and whose evaluation class is consistent with the classification terms and conditions established by the Minister; (cadre supérieur)

“suspension without pay” means a temporary stoppage of the work loads of an officer, of the corresponding salary and of the related indemnities, premiums and allowances, as a result of a decision by the employer, for disciplinary reasons; (suspension sans solde)

“termination of engagement” excludes a layoff and means the severance by the employer, during the course of the engagement, of the contractual employment relationship with a person as an officer, as well as the transfer of a senior officer, without severance of the contractual employment relationship and during the course of the engagement, to a position of intermediate officer, and the transfer of an officer decided by the employer and involving a reduction of the weekly work load; (résiliation d’engagement)

“transfer” means the transfer of an officer to a position in the same evaluation class. (mutation).

3.1.Two professional relations advisory committees are hereby created, to discuss problems related to the interpretation and application of terms of employment, proposed modifications to the terms of employment and any other related matter.

T.B. 196312, s. 5.

3.2.The two committees shall be composed of representatives of the employers’ associations and of the Minister. The first shall include representatives of the Association des cadres supérieurs de la santé et des services sociaux and the second shall include representatives of the Association des gestionnaires des établissements de santé et de services sociaux and the APER santé et services sociaux. A committee may be convened at the request of any party.

T.B. 196312, s. 5; M.O. 2006-018, s. 3.

§ 2. — Professional contribution of senior officers

T.B. 196312, s. 5.

3.3.On 1 April of each year, the employer shall provide the Association des cadres supérieurs de la santé et des services sociaux with an up-to-date list of the senior officers employed by it, indicating the following information for each such senior officer:

— surname, given name and social insurance number;

— place of work;

— position held;

— the evaluation class of that position.

The list may be an update of the list sent to the association in the previous year.

T.B. 196312, s. 5.

3.4.The employer shall deduct, from the salary of every senior officer employed by it, the amount of the professional contribution fixed by the Association des cadres supérieurs de la santé et des services sociaux. However, a senior officer may pay the said contribution in another way, provided he notifies the association in writing, with a copy to the employer.

T.B. 196312, s. 5.

3.5.The employer shall, within 15 days after the end of each of the 13 accounting periods in the financial year, pay the amounts collected during that period to the Association des cadres supérieurs de la santé et des services sociaux, indicating, for each senior officer from whom a contribution has been collected, his surname, given name and social insurance number, the position held, the period covered by the contribution and the amount collected.

T.B. 196312, s. 5.

3.6.A senior officer is not required to pay the contribution prescribed in section 3.4 for a period of 30 days following the date on which he is appointed.

Before the expiry of the period stipulated in the first paragraph, a senior officer who does not intend to contribute to the association shall notify the association of his decision in writing. The officer shall send a copy of the notice to his employer.

The employer shall begin to deduct the contribution from the senior officer’s salary during the first complete salary period following the period prescribed in the first paragraph, unless the senior officer has stated his intention not to contribute in accordance with the second paragraph.

T.B. 196312, s. 5.

3.7.The situation of existing senior officers as contributors or non-contributors on 25 April 2001 is hereby continued.

T.B. 196312, s. 5.

3.8.A senior officer may, at any time, decide not to pay the contribution by means of a written notice sent to the association, with a copy to the employer.

Subject to receipt of the notice prescribed in the first paragraph, the employer shall cease to deduct the contribution from the senior officer’s salary in the first complete salary period following the 90th day after receipt of the notice.

T.B. 196312, s. 5.

3.9.A senior officer who does not pay the contribution may change his decision at any time by notifying the association in writing. He shall send a copy of the notice to the employer.

An employer who receives a copy of the notice provided for in the first paragraph shall begin to deduct the contribution from the senior officer’s salary in the first complete salary period following receipt of the copy of the notice.

T.B. 196312, s. 5.

3.10.An employer is relieved of the obligation to deduct the contribution from the salary of a senior officer as soon as it ceases to pay that salary or an amount in lieu thereof, in particular following termination of the employment relationship, suspension without pay or leave without pay. The employer shall inform the Association des cadres supérieurs de la santé et des services sociaux that it has ceased to deduct the contribution from the senior officer’s salary at the same time as it sends the amounts collected for the accounting period in which the stoppage occurred.

T.B. 196312, s. 5.

§ 3. — Professional contribution of intermediate officers

T.B. 196312, s. 5.

3.11.On 1 April of each year, the employer shall provide every intermediate officers’ association that so requests with an up-to-date list of the intermediate officers employed by it, indicating the following information for each such intermediate officer:

— surname, given name and social insurance number;

— place of work;

— position held;

— the evaluation class of that position.

The list may be an update of the list sent to all associations of intermediate officers in the previous year.

T.B. 196312, s. 5.

3.12.The employer shall deduct, from the salary of every intermediate officer employed by it, the amount of the professional contribution fixed by an association of intermediate officers in accordance with this subdivision, provided the said association can prove that at least 50% of the intermediate officers employed by the employer were members of that association of intermediate officers on 1 April of the current year.

Before continuing to deduct the professional contribution, the employer shall ensure that, on 1 February of each year, at least 50% of the intermediate officers employed by it are members of the association.

An officer may pay the contribution in another way, provided he notifies the association in writing, with a copy to the employer.

T.B. 196312, s. 5.

3.13.An employer that does not deduct the professional contribution from the salaries of the intermediate officers employed by it, in accordance with the provisions of the first and second paragraphs of section 3.12, shall, at the request of the association of intermediate officers, collect the professional contribution required by the association from the salary of every intermediate officer who is a member of the said association of intermediate officers, provided the officer has authorized such a deduction from his salary by notifying the association in writing of his intention to contribute, and has sent a copy of the notice to the employer.

T.B. 196312, s. 5.

3.14.The employer shall, within 15 days after the end of each of the 13 accounting periods in the financial year, pay the amounts collected during that period to the appropriate association of intermediate officers, indicating, for each officer from whom a contribution has been collected, the surname, given name, social insurance number, position, the period covered by the contribution and the amount collected.

T.B. 196312, 5; M.O. 2011-019, s. 3.

3.15.An intermediate officer is not required to pay the contribution prescribed in section 3.12 for a period of 30 days following the date on which he or she is appointed.

Before the end of the period stipulated in the first paragraph, an intermediate officer who does not intend to contribute to the association shall notify the association of this decision in writing. The officer shall send a copy of the notice to the employer.

The employer shall begin to deduct the contribution from the intermediate officer’s salary during the first complete salary period following the period prescribed in the first paragraph, unless the intermediate officer has stated an intention not to contribute in accordance with the second paragraph. (T.B. 196312, s. 5)

M.O. 2011-019, s. 4.

3.16.The situation of existing intermediate officers as contributors or non-contributors is continued as of 25 January 2012.

M.O. 2011-019, s. 4.

3.17.An intermediate officer may, at any time, decide not to pay the contribution by means of a written notice sent to the association, with a copy to the employer.

Subject to receipt of the notice prescribed in the first paragraph, the employer shall cease to deduct the contribution from the intermediate officer’s salary in the first complete salary period following the 90th day after receipt of the notice. (T.B. 196312, s. 5)

M.O. 2011-019, s. 4.

3.18.An intermediate officer who does not pay the contribution may change this decision at any time by notifying the association in writing. The intermediate officer shall send a copy of the notice to the employer.

An employer who receives a copy of the notice provided for in the first paragraph shall begin to deduct the contribution from the intermediate officer’s salary in the first complete salary period following receipt of the copy of the notice. (T.B. 196312, s. 5)

M.O. 2011-019, s. 4.

3.19.An employer is relieved of the obligation to deduct the contribution from the salary of an intermediate officer as soon as it ceases to pay that salary or an amount in lieu thereof, in particular following termination of the employment relationship, suspension without pay or leave without pay. The employer shall inform the association concerned that it has ceased to deduct the contribution from the intermediate officer’s salary at the same time as it sends the amounts collected for the accounting period in which the stoppage occurred. (T.B. 196312, s. 5)

M.O. 2011-019, s. 4.

DIVISION 3

MANAGEMENT POLICIES

4.An employer shall have management policies pertaining to the terms of employment of its officers, subject to the terms of employment established by regulation. Such policies must be approved by the board of directors.

O.C. 1218-96, s. 4; T.B. 196312, s. 6.

5.The management policies shall pertain in particular to the following elements:

(1) fill a position of officer;

(2) performance appraisal;

(3) development;

(4) the officer’s record;

(5) annual vacation;

(6) personal leave;

(7) public holidays;

(8) leave without pay, leave for professional business and leave for public office;

(9) remuneration or compensation for overtime in exceptional circumstances;

(10) travel expenses, taking into account the terms and conditions established by the Minister;

5.1.The management policies pertaining to annual vacation, public holidays and leave without pay, as prescribed in section 5, shall comply with the following guidelines:

(1) for the purpose of calculating annual vacation, continuous service means the continuous service specified in section 3 of this Regulation;

(2) for the purposes of annual vacations and public holidays, a part-time officer shall receive a compensatory indemnity in addition to the salary paid on each payday. The indemnity, expressed as a percentage, shall correspond to the amounts prescribed for full-time officers;

(3) for the purposes of leave without pay, if it is consistent with the leave provided for in the collective agreements governing the health services and social services sector, measures concerning contributions to the pension plan consistent with the measures provided for in the collective agreements applied by the employer must be provided.

T.B. 196312, s. 8; M.O. 2011-019, s. 6.

5.2.The employer, its officers and their representatives acknowledge that the workplace must be free of all forms of violence and psychological harassment. To achieve this, they agree to work together to avoid or obtain the cessation of violence or psychological harassment, using all appropriate means.

T.B. 196312, s. 8; M.O. 2011-019, s. 7.

5.3.The employer, after consulting with officers and their respective representatives, shall develop a policy on violence and psychological harassment, which can cover everyone employed by employer.

In addition to the provisions of the policy mentioned in the first paragraph, the provisions and remedies provided for in the Act respecting labour standards (chapter N-1.1) apply to psychological harassment.

T.B. 196312, s. 8; M.O. 2011-019, s. 8.

5.4.In compliance with the Charter of Human Rights and Freedoms (chapter C-12), the employer, its officers and their respective representatives shall work together, using appropriate means, in order to obtain the cessation of discrimination against officers.

Discrimination exists wherever a distinction, exclusion or preference has the effect of destroying, compromising or limiting a right conferred on an officer by this Regulation or by the Act.

Notwithstanding the foregoing, a distinction, exclusion or preference based on the skills or qualities required to carry out the tasks of a position is deemed to be non-discriminatory.

T.B. 196312, s. 8.

6.The employer shall consult its officers and their representatives prior to determining or modifying the management policies prescribed in sections 5, 5.1 and 5.3.

O.C. 1218-96, s. 6; T.B. 196312, s. 9; M.O. 2011-019, s. 9.

DIVISION 4

LEAVE FOR ACTIVITIES IN THE NORTH

T.B. 193821, s. 3.

6.1.Upon agreement with his employer, an officer may obtain leave without pay to temporarily hold a position in one of the following institutions:

— Centre de santé de la Basse Côte-Nord;

— Centre de santé Innulitsivik;

— Centre de santé Tulattavik de l’Ungava;

— Centre hospitalier Chisasibi;

— Cree Board of Health and Social Services of James Bay;

— Centre de santé de l’Hématite (Schefferville and Kawawachikamac centres).

T.B. 193821, s. 3.

6.2.The leave without pay, for a maximum of 12 months, must be applied for 30 days in advance. It may be renewed for a maximum of 12 months.

T.B. 193821, s. 3.

6.3.The terms of employment applicable to an officer during his stay in the North are those provided for in section 2.

T.B. 193821, s. 3.

6.4.If the duration of the leave without pay is one year and if, during that period, an officer holds another officer position, his participation in the group insurance plans shall be maintained in accordance with the second paragraph of section 2. In other cases, the officer’s participation in the group insurance plans shall be maintained according to the provisions of the second, fourth and fifth paragraphs of section 33.

Should an officer become disabled, the leave ends and the officer shall resume his position with his original employer in accordance with section 6.7. He shall benefit from the salary insurance plans in accordance with Division 5 of Chapter 4. Notwithstanding the foregoing, the officer and the employers involved may conclude an agreement whereby the officer shall stay on leave without pay and continue to hold the temporary position, in accordance with section 6.2.

The agreement provided for in the second paragraph shall contain the name of the employer responsible for the short-term salary insurance plan and of the employer responsible for the other group insurance plan measures referred to in Chapter 4.

T.B. 193821, s. 3.

6.5.During an officer’s leave without pay, the provisions of the pension plans in question shall apply.

T.B. 193821, s. 3.

6.6.An officer’s annual vacation, accumulated until the effective date of the leave without pay, may be paid upon agreement with the original employer. Accumulated statutory or mobile holidays shall be treated as accumulated annual vacation.

T.B. 193821, s. 3.

6.7.Upon return from leave without pay, an officer shall resume his position with his original employer, subject to the provisions respecting employment stability provided for in Chapter 5. His terms of employment shall be the same as those to which he would have been entitled has he remained at work.

T.B. 193821, s. 3.

DIVISION 5

COMPENSATORY LEAVE

T.B. 196312, s. 10.

6.8.From 1 January 2000, compensatory paid leave shall be introduced for certain officers. The leave shall correspond to 0.83% of the number of hours paid for work as an officer during the period from 1 January to December 31 in a given year. The leave may not exceed 2 days each year.

The leave shall be used with the agreement of the employer or shall be replaced, in whole or in part, by a lump sum where it has not been used in the 12 months following the year in which it was earned. In the latter case, for each day of unused leave, the lump sum shall correspond to 0.415% of the salary or benefits received for work as an officer during the year in which the leave was earned or of the salary that the officer would have received had he not been participating in the deferred salary leave plan.

If the employee dies, the employer shall pay an amount equivalent to the days of leave earned but not used, without exceeding 4 days.

The leave contemplated in section 6.8 also applies to an officer who is reinstated or assigned to a position other than an officer’s position after 31 December 2000 if he participates in a pension plan other than Government and Public Employees Retirement Plan for non-unionizable employees or the Régime de retraite de l’administration supérieure (RRAS). In such a case, the leave applies from the effective date of the reinstatement or assignment, for such time as the officer continues to participate in the insurance plans provided for in Chapter 4.

T.B. 196312, s. 10.

6.10.The leave contemplated in section 6.8 also applies to any officer who, where applicable, participates in the Pension Plan of Peace Officers in Correctional Services (RRAPSC).

T.B. 196312, s. 10.

DIVISION 6

GROUP RRSP

T.B. 196312, s. 10 .

6.11.Within 30 days of the request for a salary deduction, the employer shall deduct the amount indicated by the officer as a deduction for the purposes of contributing to a group registered retirement savings plan proposed by the relevant officers’ association.

The deduction may be for a specified amount or percentage from each salary payment, or a single annual amount. The employer shall also make the necessary adjustments to the income taxes deducted at source, as permitted by the tax regulations.

The employer shall cease to deduct such amounts 30 days after receiving a written notice to that effect from the officer.

T.B. 196312, s. 10.

6.12.The employer shall remit the contributions on a monthly basis to the body designated by the officers’ association concerned and shall attach a statement indicating the name, address, date of birth, social insurance number and amount collected for each officer.

T.B. 196312, s. 10.

DIVISION 7

PENSION PLAN

M.O. 2011-019, s. 9.

6.13.The Pension Plan of Management Personnel (RRPE) shall apply to the officer in accordance with the provisions of the Act respecting the pension plan of management personnel (chapter R-12.1).

8.Upon the appointment of a person to a position of officer or upon the promotion of a person to a position of senior management officer, the employer shall establish a probation period, not exceeding 1 year, and so notifies the officer in writing.

Any absence of more than 30 days shall result in a suspension of the probation period.

When the employer wants to terminate the probation period, it does so in accordance with sections 129 to 129.3. A notice issued under sections 129 to 129.3 suspends the probation period.

An employer that does not give the notice prescribed by section 129.1 or by section 129.2 must pay the officer a compensatory indemnity equal to 30 days of regular salary, unless the officer remains in the employ of, and performs other duties for, the employer.

O.C. 1218-96, s. 8; M.O. 2011-019, s. 10.

DIVISION 3

OFFICER PHYSICIANS

T.B. 196312, s. 12.

§ 1. — Appointment

T.B. 196312, s. 12.

8.1.To hold the position of professional services director, professional and hospital services director, public health director, assistant professional services director, assistant professional and hospital services director, assistant clinical professional and hospital services director, assistant public health director or emergency medical coordinator or any other physician officer position thus determined by the Minister, an officer must be a physician and must be appointed in accordance with the provisions of section 173, 202 or 372 of the Act.

T.B. 196312, s. 12; M.O. 2011-019, s. 11.

8.2.All officers contemplated in section 8.1, except for public health directors, are appointed for a term not exceeding 4 years. An appointment may be renewed for a further period not exceeding 4 years, unless the board of directors notifies the appointee in writing of its intention not to renew the appointment, at least 60 days before the date on which the term expires.

T.B. 196312, s. 12.

8.3.An officer contemplated in section 8.2 may leave his position 60 days after sending a written notice to that effect to board of directors.

T.B. 196312, s. 12.

§ 2. — Exclusivity

T.B. 196312, s. 12.

8.4.Subject to the rules and standards established by the board of directors pursuant to section 234 of the Act and to the agreements entered into by the Minister and the Fédération des médecins specialistes du Québec or the Fédération des médécins omnipraticiens du Québec, an officer contemplated in section 8.2 whose services have been engaged on a full-time basis may, with the authorization of the institution’s board of directors, dispense medical services outside the periods for which his services have been engaged, after fulfilling the requirements of his position. Such authorization shall be the subject of a resolution of the board of directors, and may include other conditions.

The board of directors of an institution shall not authorize an officer contemplated in the first paragraph, whose services have been engaged on a full-time basis, to dispense medical services in the institution unless the institution has a shortage of physicians.

An officer contemplated in the first paragraph whose services have been engaged on a part-time basis may dispense medical services in the institution in which he holds a position of officer outside the periods for which his services have been engaged, after fulfilling the requirements of his position and with the authorization of the institution’s board of directors. Such authorization shall be the subject of a resolution of the board of directors, and may include other conditions.

T.B. 196312, s. 12.

CHAPTER 3

REMUNERATION

DIVISION 1

GENERAL

9.An officer may not receive from his employer, and an employer may not give an officer, for the carrying out of his duties as an officer, any form of remuneration other than the remuneration provided for by this Regulation.

O.C. 1218-96, s. 9.

10.In general, no remuneration or compensation shall be paid to an officer for the overtime occasionally required in carrying out his regular duties.

An officer who is required by his employer or by circumstances to work overtime beyond his regular working hours shall receive, in the form of leave, compensation equal to the number of overtime hours worked.

Notwithstanding the foregoing, an officer requested by the employer to work on Christmas Day or New Year’s Day shall receive remuneration or compensation equal to the overtime worked, plus 50%.

An officer who agrees to replace another officer or non-officer outside his regular working hours shall be paid according to the provisions that apply to the position of the person he replaces.

O.C. 1218-96, s. 10; T.B. 196312, s. 13; M.O. 2011-019, s. 12.

DIVISION 2

EVALUATION CLASSES AND SALARY CLASSES

O.C. 1218-96, Div. 2; T.B. 196312, s. 14; M.O. 2011-019, s. 13.

§ 1. — General

T.B. 196312, s. 14; M.O. 2011-019, s. 13.

11.The following events may result in the determination or review of the classification of management positions:

(1) a change made by the Minister to the evaluation system and classification and evaluation conditions for senior administrator and officer positions;

(2) the appointment of the officer, if the change of duties is the result of an administrative reorganization;

11.1.The evaluation class of a position of senior officer that is consistent with a standard position is determined by the executive director of the institution, in accordance with the evaluation system and with the classification and evaluation conditions for officer and senior administrator positions established by the Minister.

If, within 10 days following receipt of the evaluation class of his or her position, the senior officer considers that the conditions set out in the first paragraph have not been complied with, the senior officer asks the Minister to make a ruling. The Minister shall then determine the evaluation class of the position or order a third party to do so. There is no appeal from the decision made by the Minister or the third party.

T.B. 196312, s. 14; M.O. 2011-019, s. 13.

11.2.The evaluation class of a position of senior officer that is not consistent with a standard position shall be determined in a draft evaluation forwarded to the senior officer by the executive director of the institution. The data relating to the application of the factors and sub-factors used to determine the evaluation class of the position shall be forwarded at the same time as the draft evaluation.

Within 30 days after the draft evaluation is sent, the senior officer may make representations to the executive director. The senior officer may be accompanied by a representative. At or before the end of this period, the executive director submits the draft evaluation, along with the senior officer’s representations, if any, to the Minister. The Minister shall then determine the evaluation class of the position. This decision is binding upon the senior officer and the executive director, and may not be appealed.

T.B. 196312, s. 14; M.O. 2011-019, s. 13.

§ 3. — Evaluation class of a position of intermediate officer

M.O. 2011-019, s. 13.

11.3.The evaluation class of a position of intermediate officer that is consistent with a standard position shall be determined by a representative of the employer, either the executive director of the institution or the president and executive director of the agency, if the employer is an agency. This evaluation class is determined in accordance with the evaluation system and with the classification conditions for officer and senior administrator positions established by the Minister.

The result of the application of the conditions prescribed by the Minister is sent to the intermediate officer by the employer.

If the intermediate officer accepts the result, the employer shall make the evaluation class effective for that position in the manner set out in section 17.1.

If the intermediate officer does not accept the result, he or she may make representations to the employer within 30 days after the result is sent. The intermediate officer may be accompanied by a representative. If, at the end of the 30-day period, no agreement has been reached between the employer and the intermediate officer and the intermediate officer considers that the conditions set out in the first paragraph have not been correctly applied, the intermediate officer asks the Minister to make a ruling. The Minister then determines the evaluation class of the position or mandates a third party to do so. The decision made by the Minister or the third party cannot be appealed.

T.B. 196312. s. 14; M.O. 2011-019, s. 13.

11.4.The evaluation class of a position of intermediate officer that is not consistent with a standard position shall be determined in a draft evaluation. This draft evaluation is forwarded to the intermediate officer by a representative of the employer, either the executive director of the institution or the president and executive director of the agency, if the employer is an agency. This draft evaluation is developed in accordance with the evaluation system and with the classification conditions for officer and senior administrator positions established by the Minister. This draft evaluation contains, in particular, the data relating to the application of the factors and sub-factors used to determine the evaluation class of the position.

If the intermediate officer accepts the draft evaluation, the employer shall make the evaluation class for that position effective in the manner set out in section 17.1.

If the intermediate officer does not accept the draft evaluation, he or she may make representations to the employer within 30 days after the draft evaluation is sent. The intermediate officer may be accompanied by a representative.

If, at the end of the 30-day period, no agreement has been reached between the employer and the intermediate officer, the employer shall submit the draft evaluation, along with the intermediate officer’s representations, if any, to the Minister. The Minister shall then determine the evaluation class of the position. This decision is binding upon the intermediate officer and the employer, and may not be appealed.

T.B. 196312, s. 14; M.O. 2011-019, s. 13.

§ 4. — Special provisions

M.O. 2011-019, s. 13.

11.5.The evaluation class of a position of officer physician covered in section 8.1, or for a position of senior officer in an agency, shall be determined by the Minister.

T.B. 196312, s. 14; M.O. 2011-019, s. 13.

11.6.The evaluation class of a position of senior officer in an institution that is consistent with a standard position must be confirmed by the Minister when the result of the evaluation of the position determined in accordance with the first paragraph of section 11.1 is Class 23 or higher or Class C or higher if the position evaluated is an officer’s position covered in section 8.1.

M.O. 2011-019, s. 13.

11.7.Notwithstanding sections 11.1, 11.2 and 11.6, the Minister shall remain responsible for determining the evaluation class of a position of senior officer in an institution until the Minister sends the evaluation system and the conditions for classification and evaluation of positions of senior officers to the institutions.

M.O. 2011-019, s. 13.

§ 5. — Salary classes and annual adjustment

M.O. 2011-019, s. 13.

12.The evaluation classes determined in accordance with subdivisions 2, 3 and 4 of Division 2 of this Chapter correspond to the salary classes adjusted as follows:

(1) for the period from 1 April 2016 to 31 March 2017: 1.5%;

(2) for the period from 1 April 2017 to 31 March 2018: 1.75%;

(3) for the period from 1 April 2018 to 31 March 2019: 2.0%.

The adjustments provided for in subparagraphs 1 to 3 of the first paragraph are included in the salary classes listed in Schedule 1.

For part-time officers, the salary determined in the first paragraph is reduced proportionally to the hours of the position.

12.0.2.For the period from 1 April 2019 to 31 march 2020, an officer receives a lump sum corresponding to 0.5% of the salary received.

M.O. 2013-006, s. 2; 2017-004M.O. 2017-004, s. 31.

12.0.3.For the purposes of section 12.0.2, the salary includes benefits for maternity, paternity or adoption leave, benefits for parental leaves, salary insurance benefits including those paid by the Commission des normes, de l’équité, de la santé et de la sécurité du travail, by the Société de l’assurance automobile du Québec and those paid under the Crime Victims Compensation Act (chapter I-6) and those paid by the employer in the case of a work accident, if applicable.

12.1.For officers referred to in section 8.1, a salary rate corresponding to the evaluation classes determined under section 11.5 is adjusted according to the terms and conditions provided for in section 12, with the necessary modifications.

Those salary rates are listed in Schedule 2.

An officer referred to in section 8.1 receives the lump sum provided for in section 12.0.2.

The salary rate of an officer contemplated in section 8.1 is reduced, when the officer holds a part-time position, proportionally to the time for which his services are engaged by the employer, without such services being less than 20% of full time.

12.2.The salary rate of an officer contemplated in section 8.1 who holds a specialist certificate issued by the Collège des médecins du Québec and who exercises his duties in an isolated region referred to in section 1.1.1 of Schedule 19 to the Framework Agreement dated 1 October 1995 between the Minister and the Fédération des médecins spécialistes du Québec is increased by 45% from 1 October 2003. If, instead, he exercises his duties in a remote region contemplated in section 1.2.4 of the Appendix or in another region contemplated in section 1.3.3 of the Appendix, the salary rate of the officer is then increased by 45%, 30%, 25%, 15% or 7% depending on whether he exercises his duties in territory 5, 4, 3, 2 or 1. An electronic version of the Framework Agreement, updated by the Régie de l’assurance maladie du Québec, is available on the Régie’s website at www.ramq.gouv.qc.ca.

T.B. 196312, s. 14; M.O. 2006-018, s. 6.

12.3.The increases established pursuant to section 12.2 shall be paid, up to a maximum of $210,000, per calendar year, to an officer holding a specialist certificate issued by the Collège des médecins du Québec who also dispenses medical services in accordance with section 8.4. The amount includes both the increased salary of the officer and the remuneration for medical acts.

The amount stipulated in the first paragraph is increased to $219,000 from 1 January 2003 and to $228,000 from 1 January 2004.

T.B. 196312, s. 14; M.O. 2006-018, s. 7.

12.4.The salary rate of an officer contemplated in section 8.1 who is a general physician and who carries out his duties in one of the territories with insufficient numbers of health professionals referred to in section 1 of Schedule XII to the General Agreement dated 1 September 1976 between the Minister and the Fédération des médecins omnipraticiens du Québec is increased by 35% if he carries out his duties in the territory 2 group, by 30% if he carries out his duties in the territory 1 or 3 groups, by 20% if he carries out his duties in the territory 4 or 5 groups and by 15% if he carries out his duties in the territory 6 group. An electronic version of the General Agreement, updated by the Régie de l’assurance maladie du Québec, is available on the Régie’s website at www.ramq.gouv.qc.ca.

The salary rate of an officer contemplated in section 8.1 who is a general physician and who carries out his duties in one of the territories referred to in section 1 of Schedule XII-A to the General Agreement referred to in the first paragraph is increased by 15%; it is increased by 5% if he carries out his duties in an institution contemplated in section 3 or 4 of the Schedule, with regard to the mission indicated therein and, if applicable, in the facility specified beside the name of the institution.

The salary rate increases stipulated in the first paragraph shall be increased by 5% from the fourth year of continuous service in the territory 1, 2 or 5 groups and from the 20th year of continuous service for the territory 4 group. They shall be increased by 10% from the 7th year of continuous service in the territory 5 group, and from the 20th year of continuous service for the territory 1 group.

The salary rate paid pursuant to the first and second paragraphs shall apply from 1 October 2003, except in the case of an officer who exercises his duties within an institution whose name was introduced in section 3 or 4 of Schedule XII-A to the General Agreement referred to in the first paragraph by Amendment No. 88 to the General Agreement, in which case the salary rate shall apply from 1 February 2005.

T.B. 196312, s. 14; M.O. 2006-018, s. 8.

12.5.For the purposes of the third paragraph of section 12.4, continuous service in the case of an officer physician means, notwithstanding section 3, the consecutive years in which he carries out his duties as an officer or the continuous years in which, as a physician, his main continuous is carried out in one of the territories with insufficient numbers of health professionals covered in Schedule XII to the General Agreement dated 1 September 1976 between the Minister and the Fédération des médecins omnipraticiens du Québec.

T.B. 196312, s. 14; M.O. 2006-018, s. 9.

12.6.For the purposes of sections 12.2 and 12.4, the geographical boundaries referred to in these sections are those in force on 3 August 2006 notwithstanding any amendment to Schedules 19 and 20 to the Framework Agreement dated 1 October 1995 or to Schedules XII and XII-A to the General Agreement dated 1 September 1976.

M.O. 2006-018, s. 10.

DIVISION 3

ANNUAL INCREASE OF INDIVIDUAL SALARIES

§ 1. — Increase due to the adjustment of salary classes

13.At the time the salary classes are adjusted, the salary of an officer shall be increased, where applicable, by a rate equal to the rate of adjustment of the salary classes as determined pursuant to sections 12 and 12.0.2 or 12.1. The increase shall not have the effect of taking the officer’s salary above the maximum for the salary class of the position he holds.

The adjustment on 1 April of each year applies to the salary classes or the salary rates, as the case may be, in force on the previous 31 March.

In the case of an officer contemplated in section 24, the salary adjustment shall take into account the salary adjustment paid pursuant to this section for the current year.

14.A salary increase shall be granted to an officer on 1 April of each year, unless his performance for the year ending on 31 March is judged to be unsatisfactory. The employer’s evaluation, with reasons, shall be sent to the officer in writing during the reference period. There is no appeal from the evaluation.

The salary increase shall be 4% of the officer’s salary on 31 March, provided such increase does not take the officer’s salary above the maximum for the salary class of the position he holds.

Despite the second paragraph, as of 1 April 2019, the salary increase granted to an officer shall vary between 0% and 6%, provided such increase does not take the officer’s salary above the maximum for the salary class of the position he holds.

The terms of increase are established as follows:

(1) 0% where the officer does not meet the expectations;

(2) 2% where the officer partially meets the expectations;

(3) 4% where the officer meets the expectations;

(4) 6% where the officer far exceeds the expectations (the employer grants 6% to a maximum of 25% of officers on the rise).

Where an employer does not carry out the officer’s performance appraisal, a salary increase of 4% is granted to that officer.

An officer available for reinstatement who carries out the activities stipulated in the reinstatement plan shall be entitled to a salary increase as though he had worked for the employer on a full-time basis.

An officer whose position has been eliminated and who has elected for pre-retirement leave shall not receive a salary increase.

The salary increase of an officer who has held his position for less than one year on the date on which the salary increase applies, or who has changed employers during the reference period, shall be established according to the time actually worked in that position or in another officer or senior administrator position with the same employer or another employer during the year preceding 1 April.

An officer who has not worked for the whole of the year preceding 1 April because he is disabled, on leave without pay, on leave with deferred pay or on phased pre-retirement, shall be eligible for the salary increase according to the time actually worked during that year. However, for the purposes of computing the percentage of salary increase, a disabled officer is considered to have been at work for the first 6 months of disability.

For an officer holding a part-time position on 1 April who has worked for less than 50% of the time in the reference period, the salary increase shall be equal to 2% of his salary on 31 March.

15.Where a person accedes to a position of officer from a position of union member or unionizable non-member, or from outside the health and social services sector, that person shall receive as a salary the higher of the following two amounts:

— the minimum for the salary class to which the person accedes; or

— 110% of the annual salary the person received before the appointment, taking into account the parameters established in the second, third and fourth paragraphs; however, this amount, subject to section 24, shall not exceed the maximum for the salary class of the position to which the person accedes.

For the purpose of determining the appointee’s new salary, his regular annual salary at the time of the appointment shall be used as a basis, with the addition, where applicable, of any responsibility bonuses, supplements and additional remuneration related to post-school education received by the person. The employer shall also take into account the experience of the person at the time of the appointment, by granting the pay increase that the person would have received, proportionally to the time elapsed between the date of the last pay increase and the time of the appointment.

If the person appointed is already employed by an employer and his employment title as a union member or unionizable non-member before his appointment does not take into account his academic training, the employer shall place the person at the salary step corresponding to his experience and education in the appropriate salary scale for employees who are union members or unionizable non-members in the sector on the date of the appointment, provided that the ensuing salary is higher than the salary the person was receiving before the appointment. Otherwise, the salary the person was receiving at the time of the appointment is used as a basis for establishing the new salary.

For the purpose of determining the salary of an appointee person who was not employed by an agency or health services and social services sector institution, the employer shall place the person at the salary step corresponding to his experience and education in the appropriate salary scale for employees who are union members or unionizable non-members in the sector on the date of the appointment.

If there is no appropriate salary scale for the purposes of the third and fourth paragraphs, the employer shall determine the person’s salary from within the salary class for the position to which the person is appointed.

O.C. 1218-96, s. 15; T.B. 196312, s. 17.

15.1.The salary of a person who accedes to a position of senior officer is fixed by the board of directors from within the salary class for the position to which the person is appointed.

For officer physicians contemplated in section 8.1, the board of directors shall apply the salary rate corresponding to the evaluation classes applicable to the positions of the officer physicians.

T.B. 196312, s. 17.

§ 2. — Change in the evaluation class for a position

16.Where the evaluation class for a position of officer is raised, the employer shall increase the salary of the officer holding that position by a percentage equal to 5%, provided that this increase does not make the salary of the senior administrator higher than the maximum for the new salary class. However, the employer shall ensure to the senior administrator the minimum for the new salary class. This salary shall be adjusted, if applicable, in accordance with Division 3 of this chapter.

O.C. 1218-96, s. 16.

17.Where the evaluation class for a position of officer is lowered, the salary of the officer holding that position shall either be decreased, if needed, to reach the maximum for the corresponding salary class, or maintained, if it is already within the range of this salary class.

When the salary of an officer is thus decreased because the evaluation class of the position he holds has been lowered:

— the officer shall receive as a lump sum the total difference between the salary he received prior to the new evaluation of his position and the new annual salary he is entitled to, for the first 3 years following the new evaluation;

— the officer shall receive in the same manner two thirds of the difference between the salary he received prior to the new evaluation of his position and the new annual salary he is entitled to for the fourth year, during that fourth year;

— the officer shall receive in the same manner one third of the difference between the salary he received prior to the new evaluation of his position and the new annual salary he is entitled to for the fifth year, during that fifth year.

O.C. 1218-96, s. 17.

17.1.The date on which a modification to an evaluation class for a position of officer comes into force shall be fixed according to one or other of the following criteria:

(1) the date established by the Minister, if the modification is the result of a change made to the classification and evaluation system and conditions for senior administrator and officer positions;

(2) the date on which the officer is appointed, if the modification is the result of an administrative reorganization;

(3) the date of the event, if the modification is the result of a change made by the employer to the duties of the position of officer;

(4) the date of the request for a modification made by the officer following changes in his responsibilities.

Notwithstanding the foregoing, the results of the updating of the evaluation class for a position of intermediate officer consistent with a standard position shall come into force on 31 March if the classification of the position is established according to a factual or verifiable variable confirmed in the annual statistical reports produced by the employer.

T.B. 196312, s. 18.

§ 3. — Change of position

Promotion

18.The salary of a promoted intermediate officer shall be the higher of the following two amounts:

— the minimum for the salary class of the position to which he accedes;

— 110% of the salary he was receiving before the promotion; however, this amount, subject to section 24, shall not exceed the maximum point for the salary class of the position to which he accedes.

O.C. 1218-96, s. 18; T.B. 196312, s. 19.

18.1.The salary of a promoted senior officer is fixed by the board of directors within the senior salary class.

20.Where an officer is demoted, his salary shall either be decreased, if needed, to reach the maximum for the salary class for his new position, or maintained, if his salary is already within the range of this salary class.

When the salary of an officer is thus decreased following such a demotion:

— the officer shall receive as a lump sum the total difference between the salary he received prior to the demotion and the new annual salary he is entitled to, for the first 3 years following the demotion;

— the officer shall receive in the same manner two thirds of the difference between the salary he received prior to the demotion and the new annual salary he is entitled to for the fourth year, during that fourth year;

— the officer shall receive in the same manner one third of the difference between the salary he received prior to the demotion and the new annual salary he is entitled to for the fifth year, during that fifth year.

The salary rules provided for in the first and second paragraphs shall also apply in cases of career reorientation, with the necessary modifications.

O.C. 1218-96, s. 20; M.O. 2011-019, s. 16.

Reassignment to a non-officer position

O.C. 1218-96; T.B. 196312, s. 20.

21.An officer reassigned to a position of union member or unionizable non-member shall receive a salary corresponding to the classification established by the employer in compliance with the salary provisions applicable to the position.

If the salary the officer was receiving before the reassignment is higher than the salary established pursuant to the first paragraph, the former salary is maintained provided it falls within the salary scale for the new position and does not exceed the maximum of the scale; in this latter case, the salary shall be reduced to the maximum of the scale.

If the salary of the officer is reduced following the reassignment:

— for the first 3 years following the reassignment, the officer shall receive, in the form of lump sum payments, the full difference between the salary he was receiving prior to the reassignment and the new annual salary to which he is entitled;

— for the fourth year following the reassignment, the officer shall receive, in the form of a lump sum payment, two-thirds of the difference between the salary he was receiving prior to the reassignment and the new annual salary to which he is entitled in that fourth year;

— for the fifth year following the reassignment, the officer shall receive, in the form of a lump sum payment, one-third of the difference between the salary he was receiving prior to the reassignment and the new annual salary to which he is entitled in that fifth year.

O.C. 1218-96, s. 21; T.B. 196312, s. 21.

DIVISION 5

PLURALITY OF POSITIONS

22.An officer who agrees, temporarily and in addition to his regular position, to hold another full-time or part-time position of officer or senior administrator with the same employer or another employer shall receive lump sum remuneration, provided however that the positions held in plurality are separate positions in the employer’s organization plan. The lump sum remuneration shall be established by the employer in question, taking into account the extent and similarity of the tasks and the difference between the evaluation class of the second position and that of the regular position held by the officer. It may vary between 10% and 15% of the salary of the officer holding a second position.

The officer may not hold a second position that falls under his own direct or indirect authority.

The plurality of positions may be held simultaneously by more than one officer. In such a case, notwithstanding the first paragraph, the percentage of the lump-sum remuneration paid to each officer may be lower than that of 10% as set out in the first paragraph in order that it does not exceed, for all the officers holding a plurality of positions taken together, a total of 15% of the maximum for the salary class of the second position.

There is no appeal from the lump sum remuneration established for a plurality of positions held by one or more officers. The same applies where the plurality is divided among several officers.

The plurality of positions may last for a period ranging from 2 to 18 months subject to an extension authorized by the Minister. However, where an officer replaces a senior administrator or officer on disability leave or parental leave, the replacement may be for the duration of the period of absence.

23.An officer holds an interim position when he agrees to hold a position temporarily for his employer in an operational hierarchical line where it is necessary for the position to be held continuously. The salary class for such a position shall be higher than that for his regular position. The officer cannot simultaneously hold his own position during that period. For the interim period, the officer shall receive a lump sum payment representing the difference between his salary and the higher of the following 2 amounts:

— 110% of the his salary, not exceeding the maximum for the salary class of the interim position;

— the minimum for the salary class of the interim position.

An officer may hold an interim position for a period ranging from 2 to 18 months subject to an extension authorized by the Minister. However, where he is replacing a senior administrator or officer on disability leave or parental leave, the replacement may be for the duration of the period of absence.

24.In spite of the determination of a maximum for each salary class, the maximum salary which can be reached by an officer is established at 110% of the maximum rate of the salary scale in force including any additional remuneration related to continuing education, if any, in the health and social services sector for his profession where the new possible maximum is higher than the maximum of the salary class established for his position, provided that this profession is generally required for the position held. In such a case, the officer’s salary is not deemed to be outside the class.

Where an officer of the nurse or respiratory therapist profession directly supervises a unit in which an increased schedule related to intershift overlap applies under a collective agreement or coordinates the unit’s evening, night, weekend or statutory holiday activities, the reference salary scale used for the purposes of the first paragraph is that of the profession related to that increased schedule.

In such a case, the preceding paragraphs apply on the date of annual individual salary increases as prescribed in section 3 of this chapter. However, where an increase in the salary scale for his profession has the effect of reducing the gap in percentage established under this rule between the officer’s salary and the maximum of the salary scale in force for his profession including, if any, any remuneration related to continuing education, the officer’s salary shall be adjusted on the date of the increase in the salary scale in order to maintain the gap that existed on the day before the increase.

O.C. 1218-96, s. 24; M.O. 2013-006, s. 5; M.O. 2014-009, s. 4.

§ 2. — Salary gaps between an officer and his hierarchy line

25.Where the application of the rule prescribed under section 24 no longer allows to maintain a gap of 7% between the salaries of officers at different levels in the same hierarchy line and that the officer at the higher level has reached the maximum for his salary class, the employer shall add an amount to this officer’s salary in order to maintain a gap of 7%. In such a case, the officer’s salary is not deemed to be outside the class.

Where the rule provided for in the first paragraph no longer applies, the officer shall be entitled to the salary rules provided for in the second paragraph of section 20, with the necessary modifications.

O.C. 1218-96, s. 25; 2018-006M.O. 2018-006, s. 21.

DIVISION 8

COMPENSATIONS, BONUSES AND ALLOWANCES

26.The compensations, bonuses and allowances prescribed in this division and in Division 9 do not form part of the officer’s salary.

O.C. 1218-96, s. 26; T.B. 196312, s. 25.

§ 1. — Compensation for availability

27.An employer who demands that an intermediate officer be available outside his work schedule must pay a lump sum compensation to the intermediate officer corresponding to one hour of work at the regular rate per shift of availability or, where applicable, a proportion of this amount per shift of availability.

An intermediate officer who is required to work during the period of availability shall be paid or compensated in accordance with the provisions of section 10.

This section does not apply to a physician officer referred to in section 8.1.

28.Notwithstanding the leaves prescribed in the union members’ collective agreements, an officer shall be entitled to the evening bonus, the night bonus or the week-end bonus in accordance with the terms and conditions prescribed in the collective agreements for the payment of those bonuses. Under this section, the word “seniority” shall be replaced by “continuous service” and this continuous service shall also include the duration as a non-officer employee.

O.C. 1218-96, s. 28.

§ 3. — Allowances for regional disparities

29.An officer shall be entitled to the allowances for regional disparities according to the same terms and conditions as those prescribed in the collective agreements in force in the health and social services sector.

O.C. 1218-96, s. 29.

§ 4. — Allowance for officers supervising a critical care unit

M.O. 2013-006, s. 6.

29.0.1.An officer receives an allowance for critical care of 14% of the officer’s salary if the officer directly supervises a coronary unit and the following activity centres:

(1) emergency room;

(2) intensive care;

(3) neonatal unit;

(4) burn unit.

As of 10 July 2016, an officer who directly supervises an activity centre, medical emergency intervention service of Québec, also receives an allowance for critical care of 14% of the officer’s salary.

As of 1 April 2017, an officer who holds an office of senior managerial advisor in nursing care to supervise the quality of the practice and whose usual powers of his office are exercised at more than 50% in a unit or activity centre referred to in the first or second paragraph receives an allowance for critical care of 14% of the officer’s salary. As of that same date, the officer who coordinates the unit’s or activity centre’s evening, night, weekend or statutory holiday activities referred to in the first or second paragraph receives 25% of that allowance.

The allowances are paid to the officer in the form of a lump sum in proportion to the time worked and according to the procedures of the employer’s pay system. A statutory holiday, a flexible leave, an annual leave and a personal leave are considered to be time worked.

29.0.1.1.An officer who directly supervises the activity centres operating room, obstetrical block and haemodynamics receives, as of 10 July 2016, an allowance for critical care of 7% of the officer’s salary.

As of 1 April 2017, an officer who holds an office of senior managerial advisor in nursing care to supervise the quality of the practice and whose usual powers of his office are exercised at more than 50% in an activity centre referred to in the first paragraph also receives that allowance.

That allowance is paid to the officer in the form of a lump sum in proportion to the time worked and according to the procedures of the employer’s pay system. A statutory holiday, a flexible leave, an annual leave and a personal leave are considered to be time worked.

2017-004M.O. 2017-004, s. 91;2018-006M.O. 2018-006, s. 51.

29.0.1.2.The allowances in sections 29.0.1 and 29.0.1.1 may not be accumulated. An officer who directly supervises at least 2 units or activity centres referred to in sections 29.0.1 and 29.0.1.1 receives the allowance provided for in section 29.0.1.

The rule referred to in the first paragraph applies to a senior managerial advisor, with the necessary modifications.

2017-004M.O. 2017-004, s. 91;2018-006M.O. 2018-006, s. 61.

§ 5. — Allowance for an officer nurse or respiratory therapist supervising a unit in which an increased schedule related to intershift overlap does not apply

M.O. 2013-006, s. 6.

29.0.2.An officer of the nursing or respiratory therapist profession directly supervising a unit in which an increased schedule related to intershift overlap does not apply under a collective agreement receives, as of 25 April 2012, an allowance of 2% of the officer’s salary, unless the officer also supervises a unit in which such an increased schedule applies.

The officer also receives an additional allowance of 2.17% of the officer’s salary for the period from 25 April 2012 to 31 March 2013.

The allowances are paid to the officer in the form of a lump sum in proportion to the time worked and according to the procedures of the employer’s pay system. A statutory holiday, a flexible leave, an annual leave and a personal leave are considered to be time worked.

M.O. 2013-006, s. 6; M.O. 2014-009, s. 5.

§ 6. — Attraction and retention allowance for the Far North region

M.O. 2013-006, s. 6.

29.0.3.An officer working in a locality in the Far North region determined by the Minister receives, for the period from 1 April 2015 to 30 March 2020, an attraction and retention allowance.

The allowance is paid to the officer in the form of a lump sum in proportion to the time worked and according to the procedures of the employer’s pay system. A statutory holiday, a flexible leave, an annual leave and a personal leave are considered to be time worked.

The amounts and the terms of application of the allowance are established by the Minister.

M.O. 2013-006, s. 6; 2017-004M.O. 2017-004, s. 1011.

§ 7. — Attraction and retention allowance for officers on the roll of the Ordre des psychologues du Québec

M.O. 2013-006, s. 6; 2018-006M.O. 2018-006, s. 71.

29.0.4.An officer of the psychologist profession who is a member of the Ordre des psychologues du Québec carrying out a duty whose nature of the position corresponds to the training and profession required to hold such a managerial duty receives an attraction and retention allowance of

(1) 9.5% for the period from 1 April 2017 to 1 April 2019;

(2) 6.9% for the period from 2 April 2019 to 30 March 2020.

The allowance is paid to the officer in the form of a lump sum in proportion to the time worked and according to the procedures of the employer’s pay system. A statutory holiday, a flexible leave, an annual leave and a personal leave are considered to be time worked.

§ 8. — Attraction and retention allowance for officers on the roll of the Barreau du Québec

2018-006M.O. 2018-006, s. 71.

29.0.5.An officer of the advocate profession who is a member of the Barreau du Québec carrying out a duty whose nature of the position corresponds to the training and profession required to hold such a managerial duty receives, as of 1 April 2017, an attraction and retention allowance.

For an officer who has reached for at least 1 year the maximum of the officer’s salary class, the allowance is 5% of the officer’s salary. That percentage is increased to 10% for the officer who has reached it for at least 2 years and to 15% after at least 3 years. Despite the foregoing, for the officer referred to in section 24 or 25, the salary shall be the salary determined by those sections.

The allowance is paid to the officer in the form of a lump sum in proportion to the time worked and according to the procedures of the employer’s pay system. A statutory holiday, a flexible leave, an annual leave and a personal leave are considered to be time worked.

29.0.9.As of 1 April 2018, where the duty of a senior officer requires that the senior officer be available on a regular and continuous basis outside the senior officer’s standard work schedule and that the establishment in which the senior officer works offers services 24 hours a day and 7 days a week, the senior officer receives an availability allowance.

That allowance represents 3.5% of the director’s salary and 3% of the assistant director’s salary. The allowance replaces the compensation for availability referred to in section 27.

The allowance is paid to the senior officer in the form of a lump sum in proportion to the time worked and according to the procedures of the employer’s pay system. A statutory holiday, a flexible leave, an annual leave and a personal leave are considered to be time worked.

The board of directors of the institution must designate the senior officer who is required to ensure continuity in the delivery of health services or social services in order to avoid any break in the continuity of such services.

This section does not apply to a physician officer referred to in section 8.1.

29.1.An officer who, on a regular basis, directly supervises a large group of employees working in psychiatry, secure custody, intensive supervision or the assessment of information shall receive the same holidays and premiums as those employees. The terms and conditions of the collective agreements in the health and social services sector for such holidays and premiums shall apply, with the necessary modifications, to the officer.

As of 1 April 2017, an officer who holds an office of senior managerial advisor where the usual powers of his office are exercised at more than 50% in psychiatry shall receive the holidays referred to in the first paragraph.

T.B. 194784, s. 2; T.B. 196312, s. 27; 2018-006M.O. 2018-006, s. 81.

DIVISION 10

DEVELOPMENT OF MAJOR OR NATIONAL LARGE-SCALE PROJECTS

2018-006M.O. 2018-006, s. 91.

29.2. As of 1 April 2018, an officer required by his employer for the development or implementation of a major or national large-scale project receives an allowance of 5% or 10% of the officer’s salary.

The allowance depends on the scope of participation in the project. The scope is measured, among other things, by the scale of the desired objectives and expected results, as well as the leeway and power of representation granted to the officer.

The major or national large-scale project must have been authorized by the Minister. The Minister establishes the percentage of the allowance based on the scope of participation of the senior administrator in the project. The project is valid for a maximum period of 18 months. It may be extended by 9 months, subject to the authorization of the Minister.

The officer may not hold his position during his designation to carry out the project. At the end of his designation, the officer resumes his position with his employer, subject to the provisions respecting employment stability provided for in Chapter 5. The officer’s choice under section 94 is made at the end of his designation.

The allowance is paid to the officer in the form of a lump sum in proportion to the time worked and according to the procedures of the employer’s pay system. A statutory holiday, a flexible leave, an annual leave and a personal leave are considered to be time worked.

“benefits” means the benefits that an officer receives as short-term salary insurance or the benefits he would have received had he been eligible to the mandatory basic long-term salary insurance plan; (prestation)

“date of taking over duties” means the date on which a person is appointed to a position of officer; (date de l’entrée en fonction)

“disability” means the following: For the purposes of the short-term salary insurance plan, disability means a state of incapacity resulting from an illness, an accident, an organ or bone marrow donation without compensation, or serious complications of pregnancy of surgery related to birth planning requiring medical treatment and making the officer totally incapable of carrying out the normal tasks of his employment or of any other employment with similar remuneration that is offered to the officer by the employer. For the purposes of the long-term salary insurance plan, disability corresponds to the definition of total disability provided for in the management employees group insurance plans master policy; (invalidité)

“disability period” means the following: For the purposes of the short-term salary insurance plan, disability period means a continuous period of disability or successive periods of disability resulting from a single illness or accident, separated by less than 15 working days actually worked full-time or part-time according to the officer’s position. Annual vacations, statutory holidays, leaves without pay, parental leaves or any other absence, paid or not, are not included in the calculation of the 15 working days. A subsequent disability period which the officer declares to be due to an illness or accident which is totally unrelated to the previous disability is deemed to be a different disability period. A disability period resulting from an illness or injury caused voluntarily by the officer himself, from alcoholism or drug addiction, from service in the armed forces or from active participation in a riot, insurrection, violation or criminal action is not deemed to be a disability period. However, in the case of alcoholism or drug addiction, the period during which the officer receives medical care or treatment in view of his rehabilitation is deemed to be a disability period. For the purposes of the long-term salary insurance plan, disability period corresponds to the definition provided for in the management employees group insurance plans master policy; (période d’invalidité)

“insurer” means an insurance company having concluded a contract with the Québec Government for the purposes of insuring management employees in the public and parapublic sectors; (assureur)

“position” means a position that the officer is deemed reasonably able to hold based on his education, training and experience; this position may be the position he held before his disability, an officer position, or a position equivalent to the one he held before his appointment to a position of officer, unionizable non-member or union member; (poste)

“salary” means an officer’s regular salary or the salary to which the officer is entitled during a period of disability covered by the short-term salary insurance plan prescribed by Division 5 of this chapter, including:

(2) the lump sum resulting from the application of sections 17, 20 and 21 and sections 104.1 to 104.3;

(3) the lump sum paid in the case of plurality of positions in accordance with section 22 and allowances for regional disparities paid in accordance with section 29.

O.C. 1218-96, s. 30; T.B. 196312, s. 28; M.O. 2011-019, s. 19.

DIVISION 2

GENERAL

31.For the purpose of calculating the benefits payable under this chapter, the salary of an officer holding a part-time position of officer is computed on the basis of the officer’s average salary for the 12 weeks preceding the event giving entitlement to a benefit and for which no disability period, annual vacation, leave without pay or parental leave has been authorized.

O.C. 1218-96, s. 31; T.B. 196312, s. 29.

32.An officer reassigned to a position of union member or unionizable non-member may, on the date of the reassignment and provided he has held a position of officer or senior administrator for at least 12 months, conserve his group insurance plans.

O.C. 1218-96, s. 32; T.B. 196312, s. 30.

33.Where a leave without pay or partial leave without pay staggers over a period of less than 30 days, the officer shall maintain his participation in the insurance plans and pay the contribution he would normally pay if he were at work.

When a leave without pay staggers over a period of 30 days or more, or during any other absence without pay, the participation of the officer in the uniform life insurance plan shall be maintained. Also, the officer shall maintain his participation in the mandatory basic health-accident insurance plan by paying his premiums as well as the employer’s contribution in the plan. He may, provided that he applies to the employer for that purpose before the planned date of the leave or absence, maintain his participation in the insurance plans listed in subparagraphs 1 and 2 of section 51 that he owned before the leave or the absence, in accordance with the provisions of the master policy.

During a partial leave without pay that staggers over a period of 30 days or more, the participation of the officer in the insurance plans shall be maintained based on the time worked during the leave, with the officer paying his premiums and the employer paying his contribution to the plans. However, the officer may maintain his participation in the plans based on the time worked before the partial leave without pay. In this case, he shall pay his premiums and the employer’s contribution to the plans based on the time not worked, except for the employer’s contribution to the mandatory basic health-accident plan which shall continue to be paid by the employer.

The officer of leave without pay or on partial leave without pay who maintains his participation in the insurance plans which he owned before the leave or the absence without pay shall also maintain his participation in the survivor’s pension plan in accordance with he provisions prescribed for this plan.

For the purposes of the short-term salary insurance plan, a disability beginning during the leave without pay or the absence without pay is deemed to begin on the date of the end of the leave or absence.

An officer benefiting from a deferred Salary leave plan shall continue to participate in the group insurance plans listed in subparagraphs 1 and 2 of section 51. The sharing of the contributions paid to the mandatory basic plans shall be maintained during the deferred salary leave plan, including during the leave period, according to the terms that would be applicable to the officer if he were not beginning from the deferred salary leave plan. Throughout the deferred salary leave plan, the contributions of the officer and of the employer shall be based on the total salary, as shall the coverage, and not on the salary paid under the chosen option.

O.C. 1218-96, s. 33; O.C. 926-97, s. 6.

34.An officer whose disability began after 31 March 1994 shall maintain his employment relationship with his employer for as long as he is disabled and may not be subject to dismissal, non-renewal or termination of engagement for the reason that he is disabled.

An officer whose disability began before 1 April 1994 shall maintain his employment relationship with his employer for a period of at least 5 years from the beginning of a single disability period and shall not be subject to dismissal, non-renewal or termination of employment except for gross negligence.

O.C. 1218-96, s. 34.

34.1.Subdivisions 2 and 3 of Division 7 of this chapter shall not apply to an officer who has chosen reinstatement under section 94 or to a disabled officer whose position is eliminated. However, where the officer disagrees with the decision of the insurer to the effect that he does not satisfy the definition of disability, the officer may submit his disagreement to the Tribunal d’arbitrage médical prescribed in the master policy.

O.C. 1218-96, s. 34.1.

34.2.An officer who files a complaint for his dismissal, non-renewal of his appointment or termination of his employment shall maintain his participation in the uniform life insurance plan but may not benefit from the short-term salary insurance plan prescribed in Division 5 of Chapter 4. Also, he shall maintain his participation in the mandatory basic health-accident insurance plan by paying his premiums as well as the employer’s contribution in the plan. He may maintain his participation in the other insurance plans prescribed in subparagraphs 1 and 2 of section 51, except however for the long-term salary insurance plans, until the date on which the arbitrator’s decision is delivered or the date of the agreement between himself and his employer and provided that he so applies to the concerned insurance company in accordance with the provisions of the master policy. The officer who maintains his participation in these insurance plans shall also maintain his participation in the survivor’s pension plan in accordance with the provisions prescribed for this plan.

An officer who is suspended without pay shall maintain his participation in the group insurance plans in accordance with the conditions for maintenance stipulated in the second, fourth and fifth paragraphs of section 33.

Following an arbitrator’s decision in his favour, the officer is entitled to be reimbursed for the contribution normally paid by the officer for the plans in which he maintained his participation and, where applicable, to be reimbursed for the premium he paid to maintain his participation in the survivor’s pension plan, retroactively to the date of his dismissal, non-renewal of engagement or termination of engagement.

If, pursuant to sections 130.12 and 130.14, the decision orders the reintegration of the officer in his position, and if a disability has begun since the date of the date of the dismissal, non-renewal of engagement or termination of engagement, the disability shall then be recognized and the officer shall pay his premiums for the long-term salary insurance plans retroactively to that same date.

O.C. 926-97, s. 8; T.B. 196312, s. 31.

DIVISION 3

ELIGIBILITY

35.An officer holding a position of officer at 70% or more of full-time is eligible for the benefits of the insurance plans prescribed in this chapter, at the expiry of 1 month from the date he takes over his duties, provided that he is then working. If he is not working on that date, he is eligible for the plans on the date he returns to work.

O.C. 1218-96, s. 35.

36.An officer holding a position of officer at more than 25% but less than 70% of full-time is eligible for the benefits of the insurance plans prescribed in this chapter, at the expiry of 3 months from the date he takes over his duties, provided that he is then working. If he is not working on that date, he is eligible for the plans on the date he returns to work.

O.C. 1218-96, s. 36.

37.An officer who holds a regular position of officer at 25% or less of full-time is not eligible for the group insurance plans provided for in this chapter, unless he is appointed temporarily, in addition to his regular position, to a position of officer at more than 25% of full-time with the same employer, for an anticipated period of at least 12 months. In such a case he shall be eligible for the insurance plans for all his work over the duration of his employment.

An officer who is not eligible for the group insurance plans shall receive a compensatory lump sum equivalant to 6% of the salary paid to him for all his work.

37.1.Notwithstanding sections 35 to 37, shall not participate in group insurance plans provided for in this Chapter but instead shall receive the monetary compensation provided for in the second paragraph of section 37, any retired person who is appointed to a position of officer while participating in group insurance plans for retired management personnel in the public and parapublic sectors or while receiving a pension under a pension plan administered by Retraite Québec other than the Pension Plan of Elected Municipal Officers (PPEMO), the Retirement Plan for the mayors and councillors of municipalities (RPMCM) or the Pension Plan of the Members of the National Assembly (PPMNA).

M.O. 2009-007, s. 3.

38.Notwithstanding sections 35 and 36 and subject to the specific provisions to that effect prescribed in the master policy for the insurance plan listed in subparagraphs 1 and 2 of section 51, an officer who, before becoming an officer governed by this Regulation, was employed by an employer in the public and parapublic sectors and was eligible for a group insurance plan applicable to the employees of those sectors, is eligible for the insurance plans provided for in this chapter on the date he takes over his duties as an officer covered by this Regulation, provided that his previous employment ended less than 30 days before the date he takes over his duties and he provides proof of his previous employment.

O.C. 1218-96, s. 38; O.C. 926-97, s. 10.

DIVISION 4

UNIFORM LIFE INSURANCE PLAN

39.An officer is entitled to $6,400 of life insurance payable to his estate. That amount is reduced by 50% for an officer holding a position of officer at less than 70% full-time.

Where an officer holds a position of officer with several employers and that those positions amount to more than 70% of full-time, he is deemed to be an officer holding a full-time position of officer.

The maximum amount of life insurance that an officer holding more than one position with several employers may receive is $6,400.

O.C. 1218-96, s. 39.

40.Subject to sections 32 and 34.2, the officer’s adherence to the uniform insurance plan ends on the earlier of the following dates:

(1) the date on which he ceases to be subject to the provisions of this chapter;

42.During the first week of disability, the officer shall receive the salary to which he would have been entitled had he been at work.

O.C. 1218-96, s. 42.

43.From the second week of disability and up until the 26th week from the beginning of the disability, the officer shall receive a salary insurance benefit equal to 80% of the salary to which he would have been entitled had he been at work.

From the 27th week of disability and up until the 104th week from the beginning of the disability, the officer shall receive a salary insurance benefit equal to 70% of the salary to which he would have been entitled had he been at work.

O.C. 1218-96, s. 43.

44.The salary prescribed in section 42 and the benefit prescribed in section 43 shall be reduced by the amount of disability benefits paid under the Automobile Insurance Act (chapter A-25), the Act respecting industrial accidents and occupational diseases (chapter A-3.001), the Crime victims compensation Act (chapter I-6) of the Act to promote good citizenship (chapter C-20), the Act respecting the Québec Pension Plan (chapter R-9) or any other retirement plan to which the employer contributes, without regard to subsequent increases in benefits consequent upon their indexation.

An officer benefiting from a disability benefit covered by the first paragraph shall so advise the employer immediately.

Notwithstanding the foregoing, an officer who takes advantage of coordination of benefits received under the short-term salary insurance plan with those mentioned in the first paragraph shall continue to be considered disabled within the meaning of section 30 and shall benefit from the terms and conditions of the short-term salary insurance plan.

O.C. 1218-96, s. 44; M.O. 2011-019, s. 20.

45.A disabled officer shall continue to contribute to his retirement plan and to be entitled to the benefits of the group insurance plans. From the second week of disability, an officer receiving a salary insurance benefit is exempted from paying contributions to the insurance plans and to the retirement plan where the plan prescribes such an exemption.

O.C. 1218-96, s. 45.

46.For the duration of the disability period that falls within the first 104 weeks, short-term salary insurance plan benefits shall be paid to the officer by the employer upon presentation of vouchers establishing the disability.

The officer shall immediately notify the employer if he cannot be present at work because of a disability, and shall agree to submit to any medical examination to be performed by the employer’s physician. The cost of such an examination shall be borne by the employer.

An officer who has been disabled for a period of at least 5 months shall also allow the employer or the employer’s representative, the insurer or any other consulting firm to disclose the vouchers establishing the disability for the purpose of assessing the possibility of offering him a position in accordance with the provisions of this chapter.

O.C. 1218-96, s. 46; T.B. 196312, s. 34.

46.1.If the employer decides to interrupt payment of the short-term salary insurance plan benefit to an intermediate officer following a medical opinion issued by the employer’s physician in accordance with the provisions of the second paragraph of section 46, he shall notify the intermediate officer in writing. The intermediate officer then has ten days from receipt of the notice in which to express his disagreement, also in writing.

The intermediate officer or employer can then, within 5 days, request that the employer’s physician and the intermediate officer’s physician reconcile their opinions. The 2 physicians have 15 days from the date of the request of the employer or the intermediate officer to produce a written report. If they fail to agree or if the 15-day deadline has expired, the intermediate officer and the employer have 7 days to agree on the choice of an expert physician from a list of names drawn up under section 130.22 or, if both agree, whose name does not appear on the list. If the parties fail to agree on the choice of an expert physician, either may ask the Minister in writing to designate an expert physician. The Minister shall appoint an expert physician from the list or whose name does not appear on the list within 10 days after receiving the request. The expert physician appointed shall perform his duties in accordance with a procedure and time limits that may differ from those prescribed in Division 1 of Chapter 6, provided his decision is made not later than 15 days after his appointment.

The expert physician may base his decision on the documents forwarded to him, and may meet and examine the senior administrator if he considers it relevant. His decision is final, without appeal and binding on the employer and the intermediate officer.

The costs of the parties and the fees and honorarium of the expert physician shall be paid in accordance with the provisions of section 130.24 for cases covered by Division 1 of Chapter 6. The intermediate officer shall be on leave without pay for the duration of the procedures described in the first and second paragraphs until a final decision is made by the expert physician.

This procedure differs from the arbitration procedure used to establish invalidity after 104 weeks, as stipulated in section 65, and must in no case be confused with that procedure.

T.B. 196312, s. 35; M.O. 2007-007, s. 2.

47.Subject to sections 48, 60 and 61, a disabled officer ceases to accumulate vacation days after a continuous disability period of at least 6 months.

O.C. 1218-96, s. 47.

48.An officer receiving a short-term salary insurance plan benefit may, in agreement with his employer benefit from a period of progressive return to work provided that, during that period, he carries out all the duties of the position he held before his disability or of any other position offered to him by the employer that corresponds to his training and experience and involves a similar remuneration.

During such period of progressive return to work, the officer shall be deemed to be disabled and shall continue to be subject to his salary insurance plan. The officer shall receive, for the proportion of time he works, the salary of the position and any bonus, allowance, compensation or lump sum, if any, and he shall accumulate vacation time and continuous service. For the proportion of time he does not work, he shall receive the applicable salary insurance benefit.

A period of progressive return to work shall not normally exceed 6 consecutive months and may not have the effect of extending the disability period beyond 104 weeks.

O.C. 1218-96, s. 48.

49.An officer’s participation in the short-term salary insurance plan and his right to receive benefits shall end on the earliest of the following dates:

(1) subject to section 32, the date on which he ceases to be subject to the provisions of this chapter;

(2) the date on which use of his sick leaves begins in order to fully compensate the work load prescribed in the progressive pre-retirement agreement and which immediately precedes the actual retirement;

(3) the date on which his pre-retirement leave begins or the date on which begins the 12-month period preceding the coming into force of his pre-retirement leave as prescribed in section 121. In accordance with section 94, an officer whose position is eliminated during a disability period shall continue to receive salary insurance benefits as long as the officer is disabled. The choice of opting for pre-retirement leave and retirement shall be made and come into force on the date on which the disability period ends. Moreover, if an officer becomes disabled during the 12 months preceding the pre-retirement leave provided for in section 121, the provisions of section 128.1 shall apply and the officer shall receive the salary to which he or she would have been entitled had the officer been at work;

(4) the date of his retirement.

O.C. 1218-96, s. 49; T.B. 196312, s. 81; M.O. 2011-019, s. 21.

DIVISION 6

SURVIVOR’S PENSION PLAN

50.An officer shall be entitled to the survivor’s pension plan in accordance with the Directive concernant le régime des rentes de survivants (C.T. 188102, 95-12-05) subject to the fact that the words “civil servant” be replaced by the word “officer”.

O.C. 1218-96, s. 50.

DIVISION 7

PLANS ISSUED BY AN INSURANCE COMPANY AND REHABILITATION

§ 1. — Plans issued by an insurance company

51.Besides the plans that are issued by the Québec Government and prescribed in Divisions 4, 5 and 6 of this chapter, an officer shall also be protected by plans issued by an insurance company.

The guaranties offered by these plans as well as the provisions governing them are those contained in the master policy of the management employees group insurance plans.

These plans are the following:

(1) mandatory basic plans:

(a) a health-accident insurance plan;

(b) a long-term salary insurance plan;

(c) a life insurance plan;

(2) additional plans:

(a) (subparagraph revoked);

(b) a mandatory long-term salary insurance plan;

(c) an optional additional life insurance plan.

O.C. 1218-96, s. 51; T.B. 196312, s. 36.

52.The cost of the mandatory basic plans shall be shared between the Government and all the participants in the plans, according to the terms of the agreement between the Québec government and the associations representing participants in the group insurance plans for management employees in the public and parapublic sectors, for the duration of the agreement.

The cost of the additional plans shall be paid entirely by the participants in the plans.

O.C. 1218-96, s. 52; T.B. 196312, s. 37.

§ 2. — Rehabilitation

53.An officer shall be eligible to rehabilitation as prescribed in the master policy provided that he meets the following eligibility criteria:

(1) the disability began after 31 March 1994, and the officer has been disabled for 6 months or more;

(2) the officer’s disability began more than 104 weeks prior to the earlier of the following dates:

(a) his 65th birthday;

(b) the earlier date on which he becomes eligible to:

i. a retirement benefit without actuarial deduction based on 35 years of service credited to his retirement plan or on 32 years of service credited to the Pension plan of peace officers in correctional services (RRAPSC);

ii. a retirement benefit with actuarial deduction the amount of which would correspond to the amount of a retirement benefit without actuarial deduction based on 35 years of service credited to his retirement plan or on 32 years of service credited to the Pension plan of peace officers in correctional services (RRAPSC).

O.C. 1218-96, s. 53; M.O. 2014-009, s. 6.

54.However, an officer shall not be eligible to rehabilitation in either of the following circumstances:

(1) the treating physician or the insurer confirms that the officer is able to return to work without rehabilitation;

(2) the insurer confirms that the officer will not return to work;

(3) the insurer confirms that the officer is not capable of rehabilitation.

O.C. 1218-96, s. 54.

55.An officer who is offered in writing by the employer a position which is in relation with his rehabilitation plan shall notify the employer in writing of his acceptance or refusal of this position, whether the rehabilitation begins before or after the end of the first 104 weeks of disability. This position shall not involve a weekly work load which is lower than the work load of the position he held at the beginning of his disability.

After the first 104 weeks of disability, the officer must accept the position or else the employer may terminate his engagement contract.

O.C. 1218-96, s. 55; T.B. 196312, s. 81.

56.The period during which the officer may hold, on trial, a position which is in relation with his rehabilitation plan shall not have the effect of extending the disability period beyond 104 weeks.

O.C. 1218-96, s. 56.

57.An officer whose rehabilitation takes place during the first 104 weeks of disability is deemed to be disabled during that period and he shall receive, for the time he works in a position in relation with his rehabilitation plan, a short-term salary insurance plan benefit equal to 90% of the salary to which he would have been entitled had be been at work in his position and, for the time he does not work or the waiting period for such a position, if such is the case, a benefit equal to 70% of that salary.

This benefit shall be subject to the provisions which apply to the waiver of insurance and retirement plans premiums and shall also be subject to the provisions governing the coordination of the benefit, in accordance with the terms and dispositions prescribed in Division 5.

However, an officer whose rehabilitation takes place in his position shall receive his salary for the time he works and shall be governed by the provisions which apply to that position.

O.C. 1218-96, s. 57.

57.1.An officer already considered to be disabled who is forced to be absent from work for a second time due to a disability resulting from the same disease or accident, before the end of the first 104 weeks of disability but after successfully undergoing rehabilitation, is considered to have suffered a recurrence of the disability.

In such a case, the officer shall continue to receive a benefit equal to 90% the salary to which he would have been entitled had he been at work in his position, up to 104 weeks from the beginning of the disability, and the provision set out in the second paragraph of section 57 shall apply.

T.B. 196312, s. 38.

57.2.Where a new disability begins before the end of the first 104 weeks of the first period of disability but after the officer has successfully undergone rehabilitation, the officer is considered to be disabled in the position he occupied at the beginning of the new period of disability. However, he shall continue to receive a benefit equal to 90% of the salary to which he would have been entitled had he been at work in the position he occupied at the beginning of the first period of disability, up to 104 weeks from the beginning of the first period of disability, and the provision set out in the second paragraph of section 57 shall apply.

At the end of the first 104 weeks of the first period of disability, an officer whose rehabilitation takes place in a position related to his rehabilitation plan shall be reassigned to that position in accordance with the first paragraph of section 62.

The provisions of Division 5 apply from the date of the reassignment up to 104 weeks from the beginning of the new period of disability, for the salary of the position to which the officer is reassigned.

T.B. 196312, s. 38.

58.An officer whose rehabilitation takes place in part after the 104th week of disability shall be entitled to the provisions which apply to the first 104 weeks of disability, until the end of that period.

From the 105th week and until the end of the rehabilitation, the officer shall receive for the time he works the salary of the position in relation with his rehabilitation plan, which salary shall not be lower than the mandatory basic long-term salary insurance plan benefit. For the time he does not work, the officer shall receive a salary equal to that benefit. Moreover, an officer whose rehabilitation takes place in his position shall receive his salary for the time he works and a salary equal to the mandatory basic long-term salary insurance plan benefit for the time he does not work.

O.C. 1218-96, s. 58.

59.An officer whose rehabilitation takes place entirely after the 104th week of disability shall receive for the time he works the salary of the position in relation with his rehabilitation plan, which salary shall not be lower than the mandatory basic long-term salary insurance plan benefit.

O.C. 1218-96, s. 59.

60.An officer shall accumulate vacation time during the time he works in a position related to his rehabilitation plan.

O.C. 1218-96, s. 60; T.B. 196312, s. 39.

61.The training or development period scheduled in an officer’s rehabilitation plan approved by the insurer is deemed to be time the officer works in a position in relation with his rehabilitation plan.

O.C. 1218-96, s. 61.

62.The officer shall be reassigned by an employer to a position related to his rehabilitation plan at the end of the 104th week of disability or, where applicable, at the end of his rehabilitation if the rehabilitation ends after the 104th week, and he shall receive the salary of that position from the date of the reassignment, and shall be governed, subject to section 32, by the provisions applicable to that position.

The premiums and contributions to the insurance and retirement plans shall be established based on that salary.

O.C. 1218-96, s. 62; T.B. 196312, s. 40.

63.A Sectorial Committee on Rehabilitation is hereby established. This Committee is composed of:

— intervene with the employer, the officer and the insurer by suggesting appropriate solutions, notably in cases where the return to work may involve the temporary use of the officer’s services and in the situation prescribed in the second paragraph of section 68;

(2) evaluate the functioning of the rehabilitation programme and carry out the follow-up.

O.C. 1218-96, s. 64.

§ 3. — Disability after 104 weeks

65.When the employer receives notice from the insurer to the effect that the officer does not satisfy the definition of disability and that payment of the benefits shall be interrupted or refused, the employer may submit to the Tribunal d’arbitrage médical the disagreement that opposes the employer to the insurer in order to establish whether or not the officer satisfies the definition, in accordance with the medical arbitration convention agreed upon with the insurer and provided that the officer accepts that the disagreement be submitted to the arbitration court for final decision.

Where the employer and the officer agree with the decision of the insurer to the effect that the officer does not satisfy the definition of disability, the employer must offer an available position to the officer and the applicable provisions are those prescribed in section 68 in the case of the acceptance of a position or in section 69 during the waiting period for such a position.

The disagreement of the officer with the insurer’s decision to the effect that he does not satisfy the definition of disability may be submitted to the arbitration court by the officer, under the conditions prescribed in the medical arbitration convention. In such a case, the employer shall pay no expenses.

O.C. 1218-96, s. 65.

66.The employer shall pay to the officer a salary equal to the benefit, for the period beginning on the date of interruption of payment of the benefit or the date the refusal to pay the benefit comes into effect and ending on the date the decision of the Tribunal d’arbitrage médical is rendered, if the following conditions are met:

(1) the officer has adhered to the medical arbitration convention agreed upon with the insurer;

(2) the disagreement between the employer and the insurer or between the officer and the insurer has been submitted to the arbitration court for final decision, in accordance with the medical arbitration convention agreed upon with the insurer.

O.C. 1218-96, s. 66.

67.When the Tribunal d’arbitrage médical confirms that the officer does not satisfy the definition of disability, payment of the premiums and contributions to the insurance and retirement plans shall be made retroactively from the date of interruption of payment of the benefit or the date the refusal to pay the benefit came into effect and the employer continues to pay the officer a salary equal to the benefit, until the employer offers him a position. Where the disagreement was submitted to the arbitration court by the officer, the officer shall reimburse the salary that was paid to him to the employer.

When the arbitration court confirms the officer’s disability, the employer shall continue to pay a salary equal to the benefit until the date on which the insurer pays the benefit. The insurer shall reimburse to the employer the amounts that are equivalent to the benefits paid to the officer by the employer. The employer shall reimburse to the officer the arbitration fees as well as the medical examination fees paid by him, if any.

O.C. 1218-96, s. 67.

68.An officer who does not satisfy the definition of disability after the first 104 weeks following the beginning of the disability must accept a position offered to him by an employer in his administrative region or by an employer in another administrative region located less than 50 km by road from his home base and his residence, except during the period where he has submitted his disagreement to the insurer or to a medical arbitration court, or if the position involves a weekly work load that is less than that of the position he held at the beginning of his disability.

An officer reassigned to another position in accordance with the first paragraph shall receive the salary for that position and is governed, subject to section 32, by the provisions applicable to that position.

Premiums and contributions to the group insurance plans and retirement plans shall be established on the basis of the new salary.

If the officer refuses the position offered, the employer may terminate his employment 15 days after sending him a notice of intention. A copy of the notice shall be sent to the sectorial committee mentioned in section 63. During this period, the employer shall allow the sectorial committee to make any intervention that may be necessary pursuant to section 64.

O.C. 1218-96, s. 68; T.B. 196312, s. 42; M.O. 2011-019, s. 22.

69.During the waiting period for a position, where the employer and the officer agree with the insurer’s decision, or from the date on which the decision of the Tribunal d’arbitrage medical is rendered to the effect that the officer does not satisfy the definition of disability, the officer shall receive a salary equal to the benefit, and premiums and contributions to the insurance and retirement plans shall be established on the basis of that salary. During that period, the employer may temporarily use the services of the officer for duties that take into account the officer’s training and experience. The officer shall accumulate vacation time and continuous service during the time worked.

O.C. 1218-96, s. 69; T.B. 196312, s. 43.

70.Payment to the officer of a salary equal to the benefit, under this subdivision, shall not go beyond the date on which the benefit ends according to the master policy.

O.C. 1218-96, s. 70.

71.Beside the situation prescribed in section 34, an officer shall maintain his employment relationship with his employer when the insurer refuses or ceases to pay to the officer long-term salary insurance benefits, until the decision of the Tribunal d’arbitrage médical, if such is the case.

Notwithstanding the foregoing, where the insurer is released from his obligations under this Division by paying a lump sum to the officer, the employer shall terminate the disabled officer’s employment relationship.

O.C. 1218-96, s. 71; T.B. 193821, s. 6.

DIVISION 8

SICK-LEAVE FUND

§ 1. — General

72.An officer who, at 31 December 1973, had a sick-leave fund acquired with 1 or more employers, may use the fund for the purposes of redeeming years of prior service for which no contributions were made to the Government and Public Employees Retirement Plan (RREGOP) for the purposes of pre-retirement, in the case of departure or death or for the purposes of making up the difference between the salary insurance benefit and the net salary.

O.C. 1218-96, s. 72.

73.At the officer’s request, the employer shall give him a statement of the sick-leave fund accumulated at 31 December 1973, and authorized by the Department.

O.C. 1218-96, s. 73.

74.The sick leave days accumulated by a union member or by a unionizable non-member who is appointed as an officer after 31 December 1973 are governed by the provisions applicable to the group of employees of which he was or could have been a part before his appointment as an officer.

O.C. 1218-96, s. 74; T.B. 196312, s. 44.

§ 2. — Use of the sick-leave fund

75.An officer may use the sick-leave days in this fund in the following manner:

(1) for the purposes of redeeming years of prior service for which no contributions were made to the Government and Public Employees Retirement Plan (RREGOP), in accordance with the rules respecting retirement plans;

An officer may use his full sick-leave fund a follows:

(a) the first 60 days at 100% of their value;

(b) the portion exceeding 60 days, without limit, at 50% of their value;

(2) for the purposes of making up the difference between the salary insurance benefit and the officer’s net salary:

In this case, the disabled officer may use his sick-leave fund to make up the difference between the short-term salary insurance benefit provided for in section 43 and the net salary he would be receiving if he were not on disability leave; the net salary corresponds to the gross salary that he would be receiving if he were at work, less federal and provincial income taxes and contributions to the Q.P.P., the employment insurance plan and the retirement plan;

Days or parts of days used in accordance with the second paragraph shall be subtracted from the sick-leave fund;

(3) for the purposes of taking a pre-retirement:

In such case, the sick-leave fund may be used in full, at the rate of 1 day of pre-retirement for each day in the fund;

(4) in the case of departure or death:

An officer may be reimbursed up to a maximum of 120 days from his sick-leave fund, from which must be subtracted the number of days used under subparagraphs 1, 2 and 3; those days may be reimbursed as follows:

(a) the first 60 days at 100% of their value, from which must be subtracted the number of days already used under subparagraphs 1, 2 and 3 of this section;

(b) the next 60 days at 50% of their value, from which must be subtracted the number of days already used at 50% for the purposes of redeeming years of prior service for which no contributions were made to the Government and Public Employees Retirement Plan (RREGOP);

(5) for the purpose of taking a pre-retirement leave to replace the long-term salary insurance benefit:

An officer who receives a benefit from the mandatory basic long-term salary insurance plan may elect to take a pre-retirement leave instead and in place in this benefit, provided that this pre-retirement does not exceed the date of the end of the benefit from this plan which would otherwise have been applicable to him; in such case, the sick leave fund may be used in full, at the rate of 1 day of pre-retirement for each day in the fund.

O.C. 1218-96, s. 75; T.B. 196312, s. 45.

76.The value of the sick-leave days is calculated on the basis of the officer’s salary at the time they are used. The daily salary is obtained by dividing the officer’s annual salary in force at the time of use by 260.9.

Notwithstanding the first paragraph of this section, where the officer is a long-term disability at the time of their use, his salary shall be equivalent to the salary the was receiving at the end of the first 104 weeks of disability, adjusted on 1 January of each year according to the same procedures that apply to the mandatory basic long-term salary insurance plan benefit.

“service”means, for the purposes of this Chapter, the service recognized under subparagraph 3 of the first paragraph of section 76.18.

“spouse”means either of two persons who

(a) are married or in a civil union and cohabiting;

(b) are of opposite sex or the same sex and have been living together in a conjugal relationship and are the father and mother of the same child;

(c) are of opposite sex or the same sex and have been living together in a conjugal relationship for at least 1 year.

However, persons shall cease to be considered as spouses upon the dissolution of their marriage through divorce or annulment or upon dissolution of their civil union by court decision, notarized joint declaration or by annulment of the civil union or, if they are living in a conjugal relationship, upon a de facto separation for a period exceeding 3 months.

“weekly salary”means the annual salary of an officer divided by 52.18, including the lump sums paid pursuant to sections 17, 20, 21 and sections 104.1 to 104.3, without any additional remuneration.

76.2.Unless expressly stipulated otherwise, no provision in this chapter shall have the effect of giving an officer a monetary or non-monetary benefit which the officer would not have had had he or she remained at work.

T.B. 193821, s. 7; M.O. 2011-019, s. 23.

76.3.Compensation for maternity leave, paternity leave or adoption leave shall be paid only as a supplement to parental insurance benefits or employment insurance benefits, as the case may be, or in the cases mentioned below, as payments during a period of absence for which the Québec Parental Insurance Plan and the Employment Insurance Plan provide no benefit.

Subject to paragraph 1 of section 76.16 and section 76.17, compensation for maternity leave, paternity leave and adoption leave, however, is paid only during the weeks the officer receives or would receive, after submitting an application for benefits, benefits under the Québec Parental Insurance Plan or the Employment Insurance Plan.

If an officer shares adoption or parental benefits under the Québec Parental Insurance Plan or the Employment Insurance Plan with his or her spouse, compensation shall be paid only if the officer actually receives a benefit under one of these plans during the maternity leave provided for in section 76.7, the paternity leave provided for in section 76.30 or the adoption leave provided for in section 76.41.

T.B. 193821, s. 7; M.O. 2011-019, s. 23.

76.4.Where both parents are women, the allowances and benefits granted to the father shall be granted to the mother who did not give birth.

T.B. 193821, s. 7; M.O. 2011-019, s. 23.

76.5.The employer shall not reimburse an officer for amounts that may be claimed from the officer by the Minister of Employment and Social Solidarity under the Act respecting parental insurance (chapter A-29.011) or by Employment and Social Development Canada (ESDC) under the Employment Insurance Act (S.C. 1996, c. 23).

T.B. 193821, s. 7; M.O. 2011-019, s. 23; M.O. 2017-004, s. 12.

76.6.The weekly salary, the weekly salary paid under the deferred salary leave plan and the severance payment may not be increased or decreased by the amounts received under the Québec Parental Insurance Plan or the Employment Insurance Supplemental Unemployment Benefit Plan.

76.7.A pregnant officer who is eligible for the Québec Parental Insurance Plan is entitled to 21 weeks of maternity leave which, subject to sections 76.10 or 76.11, must be consecutive.

A pregnant officer who is not eligible for the Québec Parental Insurance Plan is entitled to 20 weeks of maternity leave which, subject to sections 76.10 or 76.11, must be consecutive.

Maternity leave may be for a shorter duration than the durations mentioned in the first and second paragraphs. An officer who returns to work within 2 weeks following the birth must, at the employer’s request, submit a medical certificate attesting that she has sufficiently recovered to return to work.

An officer who becomes pregnant while on a leave without pay or partial leave without pay provided for in this chapter is also entitled to maternity leave and to the benefits mentioned in sections 76.14, 76.16 and 76.17, as the case may be.

If an officer’s spouse dies, the remainder of the maternity leave and the rights and benefits attached thereto shall be transferred to the officer.

T.B. 193821, s. 7; M.O. 2011-019, s. 23.

76.8.An officer is also entitled to maternity leave if her pregnancy is terminated after the beginning of the 20th week preceding the expected date of delivery.

T.B. 193821, s. 7; M.O. 2011-019, s. 23.

76.9.The distribution of maternity leave, before and after delivery, shall be decided by the officer. However, this leave shall be concurrent with the period during which benefits are paid under the Act respecting parental insurance (chapter A-29.011) and must begin no later than the week following the start of benefit payments under the Québec Parental Insurance Plan.

For an officer who is eligible for benefits under the Employment Insurance Plan, maternity leave must include the day of the delivery.

T.B. 193821, s. 7; M.O. 2011-019, s. 23.

76.10.An officer may suspend her maternity leave and return to work when she has sufficiently recovered from the delivery and the child is unable to leave the health institution. The suspension shall end when the child is brought home. An officer whose child is hospitalized within 15 days of birth also has this right.

Furthermore, when an officer has sufficiently recovered from delivery and her child is hospitalized more than 15 days after leaving the health institution, the officer may suspend her maternity leave, upon agreement with her employer, and return to work for the duration of this hospitalization.

T.B. 193821, s. 7; M.O. 2011-019, s. 23.

76.11.At an officer’s request, maternity leave may be divided into weeks if her child is hospitalized or if one of the situations, other than a pregnancy-related illness, provided for in sections 79.1 and 79.8 to 79.12 of the Act respecting labour standards (chapter N-1.1) occurs.

The maximum number of weeks during which the maternity leave may be suspended is equal to the number of weeks during which the child is hospitalized. For other divided maternity leave options, the number of weeks of suspension is that provided for in the Act respecting labour standards for such a situation.

During such suspension, an officer is deemed to be on leave without pay and shall not receive any allowance or benefit from the employer; however, she receives the benefits provided for in section 76.56.

T.B. 193821, s. 7; M.O. 2011-019, s. 23.

76.12.When an officer resumes a maternity leave that was suspended or divided under section 76.10 or 76.11, the employer shall pay unto the officer the allowance to which she would have been entitled had she not availed herself of the suspension or division for the number of weeks remaining under sections 76.14, 76.16 or 76.17, as the case may be, subject to section 76.3.

T.B. 193821, s. 7; M.O. 2011-019, s. 23.

76.13.To obtain maternity leave, an officer must give the employer a written notice at least 2 weeks before the date of departure. The notice must be accompanied by a medical certificate or a written report signed by a midwife attesting to the pregnancy and expected date of delivery.

The time period to give notice may be shorter if a medical certificate certifies that the officer must stop working earlier than expected. In case of unforeseen events, the officer shall not be required to give notice, subject to submitting a medical certificate to her employer stating that she must immediately stop working.

T.B. 193821, s. 7; T.B. 196312, s. 46; M.O. 2011-019, s. 23.

§ 1. — Officer who is eligible for the Québec Parental Insurance Plan

M.O. 2011-019, s. 23.

76.14.An officer who has accumulated 20 weeks of service and who is eligible for benefits under the Québec Parental Insurance Plan receives, during the 21 weeks of her maternity leave, an allowance calculated using the following formula:

(1) by adding

(a) the amount representing 100% of the officer’s weekly salary up to $225; and

(b) the amount representing 88% of the difference between the officer’s weekly salary and the amount established in subparagraph a; and

(2) by subtracting from that sum the amount of maternity or parental benefits she receives under the Québec Parental Insurance Plan or would receive after submitting an application for benefits.

The allowance is calculated on the basis of the benefits that an officer is entitled to receive under the Québec Parental Insurance Plan, without taking into account the amounts subtracted from those benefits for repayment of benefits, interest, penalties and other amounts recoverable under the Act respecting parental insurance (chapter A-29.011).

However, if a change is made to the amount of the allowance paid under the Québec Parental Insurance Plan as the result of a change in the information provided by the employer, the employer shall correct the amount of the allowance accordingly.

An officer who works for more than one employer shall receive an allowance equal to the difference between the amount established in subparagraph 1 of the first paragraph and the percentage of benefits paid under the Québec Parental Insurance Plan that represents the weekly salary paid by the employer proportionate to the sum of the weekly salaries paid by all the employers. For that purpose, the officer shall submit to each employer a statement of the weekly salary paid by each employer, together with the amount of benefits paid to her under the Act respecting parental insurance.

76.15.The employer may not use the maternity leave compensation that it pays to an officer to offset the reduction in Québec Parental Insurance Plan benefits attributable to the salary earned with another employer.

Notwithstanding the provisions of the first paragraph, the employer shall offset such a reduction if the officer shows that the salary earned is a regular salary, by means of a letter to that effect from the employer paying it. If the officer shows that only a portion of this salary is regular, the compensation shall be limited to that portion.

An employer paying a regular salary as prescribed in the second paragraph must provide such a letter at the request of the officer.

The total amounts that an officer receives during her maternity leave in benefits under the Québec Parental Insurance Plan, allowance and salary may not exceed the gross amount established in subparagraph 1 of the first paragraph of section 76.14. The formula must be applied to the sum of the weekly salaries received from her employer under section 76.14 or, as the case may be, from her employers.

76.16.An officer who has accumulated 20 weeks of service and who is eligible for the Employment Insurance Plan but who is not eligible for the Québec Parental Insurance Plan is entitled to receive, during the 20 weeks of her maternity leave, an allowance calculated as follows:

(1) for each week of the waiting period prescribed under the Employment Insurance Plan, an allowance calculated by adding

(a) the amount representing 100% of the officer’s weekly salary of the officer up to $225; and

(b) the amount representing 88% of the difference between the officer’s weekly salary and the amount established in subparagraph a;

(2) for each week following the weeks mentioned in subparagraph 1, an allowance calculated using the following formula:

(a) by adding

i. the amount representing 100% of the officer’s weekly salary up to $225; and

ii. the amount representing 88% of the difference between the officer’s weekly salary and the amount established in subparagraph i; and

(b) by subtracting from that sum the amount of maternity or parental benefits she receives under the Employment Insurance Plan or would receive after submitting an application for benefits.

The allowance is calculated on the basis of the employment insurance benefits that an officer is entitled to receive, without taking into account the amounts subtracted from those benefits for repayment of benefits, interest, penalties and other amounts recoverable under the Employment Insurance Plan.

However, if a change is made to the amount of the employment insurance benefit as a result of a change in the information provided by the employer, the employer shall correct the amount of the allowance accordingly.

An officer who works for more than one employer shall receive an allowance from each of her employers. In such a case, the allowance is equal to the difference between the amount in subparagraph a of subparagraph 2 of paragraph B of the first paragraph and the amount of the Employment Insurance Plan that represents the weekly salary that it pays proportionate to the weekly salaries paid by all the employers. For that purpose, the officer shall submit to each of her employers a statement of the weekly salary paid by each employer, together with the amount of the benefits payable to her under the Employment Insurance Act (S.C. 1996, c. 23).

Moreover, if Employment and Social Development Canada (ESDC) reduces the number of weeks of employment insurance benefits to which an officer would have otherwise been entitled had she not received employment insurance benefits before her maternity leave, the officer shall continue to receive, for a period equivalent to the weeks subtracted by ESDC, the allowance provided for in subparagraph 2 of the first paragraph as if she had received employment insurance benefits during that period.

§ 3. — Officer who is ineligible for benefits under the Québec Parental Insurance Plan or the Employment Insurance Plan

M.O. 2011-019, s. 23.

76.17.An officer who is ineligible for benefits under the Québec Parental Insurance Plan or the Employment Insurance Plan is also excluded from any allowances provided for in sections 76.14 and 76.16.

However, an officer who has accumulated 20 weeks of service, as defined in subparagraph 3 of the first paragraph of section 76.18, is entitled to an allowance calculated using the following formula, for 12 weeks, if she does not receive benefits under a parental rights plan established by another province or a territory:

by adding

i. the amount representing 100% of the officer’s weekly salary up to $225; and

ii. the amount representing 88% of the difference between the officer’s weekly salary and the amount established in subparagraph 1.

The fourth paragraph of section 76.15 applies with the necessary modifications.

(1) no compensation may be paid during a vacation period during which an officer receives her salary;

(2) unless the salary is paid on a weekly basis, the allowance shall be paid at 2-week intervals, the first payment being due, in the case of an officer eligible for benefits under the Québec Parental Insurance Plan or the or the Employment Insurance Plan, only 15 days after the employer obtains proof that she is receiving benefits under one of those plans. For the purposes of this paragraph, a statement of benefits, a payment stub or information provided, by means of an official statement, by the Ministère du Travail, de l’Emploi et de la Solidarité sociale or by Employment and Social Development Canada (ESDC) shall be accepted as proof;

(3) service shall be calculated with all employers of the public and parapublic sectors (public service, education, health and social services), health and social service agencies, all agencies for which, by law, the employees’ employment conditions or standards and scales of remuneration are determined or approved by the government, the Office franco-québécois pour la jeunesse, the Société de gestion du réseau informatique des commissions scolaires (GRICS) or any other agency listed in Schedule C of the Act respecting the process of negotiation of the collective agreements in the public and parapublic sectors (chapter R-8.2).

Moreover, the requirement of 20 weeks of service under sections 76.14, 76.16 and 76.17 is deemed to have been met, if the officer has satisfied this requirement with any employer mentioned in this paragraph;

(4) the weekly salary of a part-time officer is the average weekly salary of the last 20 weeks preceding her maternity leave.

If, during that period, an officer received benefits established at a certain percentage of her regular salary, it shall be understood that, for the purposes of calculating her salary during her maternity leave, the salary referred to is that on the basis of which such benefits are determined.

Moreover, any period during which an officer on a special leave as provided for in section 76.25 did not receive an indemnity from the Commission des normes, de l’équité, de la santé et de la sécurité du travail (CNESST), as well as the weeks during which the officer was on annual leave or was absent without pay in accordance with the Regulation, are excluded for the purpose of calculating the average weekly salary.

If the period of 20 weeks preceding a part-time officer’s maternity leave includes the date on which salaries are adjusted, the calculation of the weekly salary shall be made on the basis of the salary in force on that date. Moreover, if the maternity leave includes the date on which salaries are adjusted, the weekly salary shall change on that date in accordance with the adjustment formula applicable to her salary class.

The provisions of this paragraph constitute one of the express provisions covered by section 76.2.

76.19.During her maternity leave and the extensions prescribed in section 76.21, an officer shall receive, where she is normally entitled thereto, the following benefits:

— accumulation of vacation days;

— accumulation of continuous service;

— any salary increase following the adjustment of salary classes;

— any increase for satisfactory performance.

T.B. 193821, s. 7; M.O. 2011-019, s. 23.

76.20.An officer may defer vacation leave that falls within maternity leave, provided that that she informs her employer in writing of the date of deferral no later than 2 weeks prior to the end of her leave.

T.B. 193821, s. 7; M.O. 2011-019, s. 23.

76.21.Where the birth takes place after the expected due date, an officer is entitled to an extension of her maternity leave equal to the delay, unless she already has at least 2 weeks of maternity leave remaining after the birth.

An officer is entitled to an extension of her maternity leave if her own or her child’s state of health requires it. The duration of this extension, is the period that is specified in the medical certificate that must be provided by the officer.

During such extensions, an officer is considered to be on leave without pay and shall not receive any allowance or benefit from the employer. The officer receives the benefits provided for in section 76.19 only during the first 6 weeks in which the leave is extended, and thereafter, receives the benefits mentioned in section 76.56, provided that she is normally entitled thereto.

T.B. 193821, s. 7; M.O. 2011-019, s. 23.

76.22.During her maternity leave, an officer shall maintain her participation in the mandatory group insurance plans provided for in section 51, but the employer shall make a payment equal to both its own contribution and the officer’s contribution to those plans. Furthermore, the officer shall be exempt from contributing to the optional insurance plans in accordance with the provisions of the master policy.

T.B. 193821, s. 7; M.O. 2011-019, s. 23.

76.23.An officer receiving an allowance for regional disparities under this Regulation shall continue to receive the allowance during her maternity leave.

T.B. 193821, s. 7; M.O. 2011-019, s. 23.

76.24.An employer shall send an officer, in the 4th week preceding the expiry date of her maternity leave, a notice indicating the scheduled date of expiry of said leave.

An officer to whom the employer has sent the notice referred to in the first paragraph, must report for work on the expiry date of the maternity leave, unless the leave is extended in the manner prescribed in Division 7 of this chapter.

An officer who does not comply with the second paragraph is considered to be on leave without pay for a period not exceeding 4 weeks. At the end of this period, an officer who is not at work is deemed to have resigned.

T.B. 193821, s. 7; M.O. 2011-019, s. 23.

76.25.While on maternity leave and special leave for pregnancy and breast-feeding, an officer shall retain the employment relationship with the employer. Her contract must be renewed. Her employment may not be terminated. She may not be dismissed, except for gross negligence.

At the end of her maternity leave, an officer shall resume her position with her employer, subject to the provisions respecting employment stability provided for in Chapter 5. Her terms of employment, including her salary, shall be the same as those to which she would have been entitled had she remained at work.

During maternity leave and special leave for pregnancy and breast-feeding, a person who temporarily carries out the duties of an officer may not be dismissed, and her employment may not be terminated for the intended duration of the position, except for serious misconduct. In such a case, the temporary worker may avail himself or herself of the appeal procedure set out in Divisions 2 and 3 of Chapter 6.

T.B. 193821, s. 7; M.O. 2011-019, s. 23.

DIVISION 3

SPECIAL LEAVE FOR PREGNANCY AND BREAST-FEEDING

M.O. 2011-019, s. 23.

§ 1. — Temporary assignment and special leave

M.O. 2011-019, s. 23.

76.26.An officer may request to be temporarily assigned to another position or to other tasks corresponding to her training or experience in the following cases:

(1) she is pregnant and the conditions of employment involve risks of infectious diseases or physical danger to her or her unborn child;

(2) the conditions of employment are dangerous for the child she is breast-feeding.

The officer must submit a medical certificate to that effect as promptly as possible.

If the reassignment is not carried out immediately, the officer is entitled to a special leave beginning immediately. Unless a temporary reassignment is subsequently made terminating the special leave, the special leave ends, for an officer who is pregnant, on the date of delivery and, for an officer who is breast-feeding, at the end of the breast-feeding period.

However, for an officer who is eligible for benefits under the Act respecting parental insurance (chapter A-29.011), the special leave shall end as of the 4th week preceding the expected date of delivery.

During the special leave provided for in this section, the officer shall be governed, in respect of her allowance, by the provisions of the Act respecting occupational health and safety (chapter S-2.1) respecting preventive withdrawal of a pregnant worker or a worker who is breast-feeding.

Following a written request, however, the employer shall pay to the officer an advance on the allowance receivable from the Commission des normes, de l’équité, de la santé et de la sécurité du travail (CNESST) on the basis of anticipated payments. If the CNESST pays the allowance, repayment of the advance shall be deducted therefrom. Otherwise, repayment is at the rate of 10% of the amount disbursed per pay period, until the debt is fully paid.

However, should the officer exercise her right to apply for review of the decision of the CNESST or to contest that decision before the Administrative Labour Tribunal, repayment may not be demanded before the administrative review of the decision of the CNESST or, as the case may be, before the decision of the Administrative Labour Tribunal is rendered.

T.B. 193821, s. 7; M.O. 2011-019, s. 23; M.O. 2017-004, s. 20.

§ 2. — Other special leave

M.O. 2011-019, s. 23.

76.27.An officer is also entitled to special leave in the following cases:

(1) where a pregnancy complication or a risk of miscarriage requires stopping work for a period, the duration of which shall is prescribed by a medical certificate, however, this special leave may not be extended beyond the beginning of the 4th week preceding the expected date of delivery;

(2) upon presentation of a medical certificate prescribing the duration of the special leave, where a spontaneous or induced termination of pregnancy occurs before the beginning of the 20th week preceding the expected date of delivery;

(3) for pregnancy-related consultations with a health professional, attested to by a medical certificate or a written report signed by a midwife.

T.B. 193821, s. 7; M.O. 2011-019, s. 23.

76.28.For the consultations mentioned in paragraph 3 of section 76.27, an officer is entitled to special leave, with pay, for up to 4 days, which may be taken in half-days.

During a special leave provided for in this Division, an officer shall be granted the benefits provided for in section 76.19, provided that she is entitled thereto.

T.B. 193821, s. 7; T.B. 196312, s. 48; M.O. 2011-019, s. 23.

DIVISION 4

CHILDBIRTH LEAVE

M.O. 2011-019, s. 23.

76.29.An officer is entitled, after informing the employer as promptly as possible, to take leave with pay for a maximum of 5 working days to attend the birth of his child. An officer is also entitled to this leave in the event of a termination of pregnancy after the beginning of the 20th week preceding the expected date of delivery. The leave with pay may be discontinuous, but must be taken between the beginning of the delivery and the 15th day following the mother’s or the child’s return home.

One of the 5 days may be used for the baptism or registration of the child.

An officer whose spouse is giving birth is also entitled to this leave if she is designated as one of the child’s mothers.

T.B. 193821, s. 7; T.B. 196312, s. 49; M.O. 2011-019, s. 23.

DIVISION 5

PATERNITY LEAVE

M.O. 2011-019, s. 23.

76.30.Upon the birth of his child, an officer is also entitled to paternity leave not exceeding 5 weeks, which, subject to sections 76.34 and 76.35, must be consecutive.

Paternity leave may be taken after giving written notice of no less than 3 weeks to the employer indicating the dates scheduled for the beginning of the leave and for the return to work. The time period for giving notice may be shorter if the child is born before the expected date of delivery. The leave shall end no later than the end of the 52nd week following the week in which the child was born.

The leave of an officer who is eligible for benefits under the Québec Parental Insurance Plan shall be concurrent with the period during which benefits are paid under the Act respecting parental insurance (chapter A-29.011) and must begin no later than the week following the start of benefit payments under the Québec Parental Insurance Plan.

An officer whose spouse is giving birth is also entitled to this leave if she is designated as one of the child’s mothers.

T.B. 193821, s. 7; M.O. 2011-019, s. 23.

76.31.During the paternity leave provided for in section 76.30, an officer, who has completed 20 weeks of service, shall receive an allowance equal to the difference between his weekly salary and the amount of benefits he receives, or would receive after submitting an application for benefits, under the Québec Parental Insurance Plan or the Employment Insurance Plan.

The second, third and fourth paragraphs of section 76.14 or the second, third and fourth paragraphs of section 76.16, as the case may be, as well as section 76.15, shall apply, with the necessary modifications.

76.32.An officer who is not eligible for paternity benefits under the Québec Parental Insurance Plan nor benefits under the Employment Insurance Plan shall receive, during the paternity leave provided for in section 76.30, an allowance equal to his weekly salary.

76.34.If his child is hospitalized, an officer may suspend his paternity leave, upon agreement with his employer, and return to work for the period during which the child is hospitalized.

T.B. 193821, s. 7; M.O. 2011-019, s. 23.

76.35.At the officer’s request, the paternity leave may be divided into weeks if his child is hospitalized or if a situation described in section 79.1 and sections 79.8 to 79.12 of the Act respecting labour standards (chapter N-1.1) occurs.

The maximum number of weeks the paternity leave may be suspended is equal to the number of weeks the child is hospitalized. For other divided paternity leave options, the maximum number of weeks of suspension is that prescribed in the Act respecting labour standards for the applicable situation.

During such suspension, the officer is considered to be on leave without pay and shall not receive any allowance or benefit from the employer; however, the officer receives the benefits provided for in section 76.56.

T.B. 193821, s. 7; M.O. 2011-019, s. 23.

76.36.When an officer resumes a paternity leave that was suspended or divided under section 76.34 or 76.35, the employer shall pay the officer the allowance to which he would have been entitled had he not availed himself of the suspension or division and do so, for the number of weeks remaining under section 76.30.

T.B. 193821, s. 7; M.O. 2011-019, s. 23.

76.37.An officer who sends to his employer, before the expiry date of his paternity leave, a notice accompanied by a medical certificate attesting that his child’s state of health makes it necessary, is entitled to an extension of his paternity leave. The duration of this extension is that specified in the medical certificate.

During such extension, an officer is considered to be on leave without pay and shall not receive any allowance or benefit from the employer; however, the officer receives the benefits provided for in section 76.56.

T.B. 193821, s. 7; M.O. 2011-019, s. 23.

76.38.An officer who goes on paternity leave under section 76.30 is entitled to the benefits provided for in sections 76.19, 76.20, 76.23 and 76.25.

The officer who is on paternity leave maintains his participation in all of the mandatory group insurance plans in which he participates. The employer and the officer make their respective payments on the basis of the salary that the officer would receive if he were at work and the full provisions of the group insurance plans apply.

At the end of the paternity leave, the officer shall resume his position with his employer, subject to the provisions respecting employment stability provided for in Chapter 5. The terms of employment, including the salary, shall be the same as those to which the officer would have been entitled had he remained at work.

76.39.The officer must report for work on the expiry date of the paternity leave provided for in section 76.30, unless the leave is extended in the manner prescribed in Division 7 of this chapter.

An officer who does not comply with the first paragraph is considered to be on leave without pay for a period not exceeding 4 weeks. At the end of this period, an officer who is not at work is deemed to have resigned.

T.B. 193821, s. 7; M.O. 2011-019, s. 23.

DIVISION 6

ADOPTION LEAVE AND LEAVE FOR ADOPTION PURPOSES

M.O. 2011-019, s. 23.

76.40.An officer is entitled, after informing the employer as promptly as possible, to leave with pay for a maximum of 5 working days to adopt a child, other than his or her spouse’s child. This leave may be discontinuous, and may not be taken after the 15th day following the child’s arrival in the home.

One of the 5 days may be used for the baptism or registration of the child.

T.B. 193821, s. 7; M.O. 2011-019, s. 23.

76.41.An officer who legally adopts a child, other than his or her spouse’s child, is entitled to adoption leave not exceeding 5 weeks which, subject to sections 76.42 and 76.43, must be consecutive.

Adoption leave may be taken after giving written notice of no less than 3 weeks to the employer indicating the dates scheduled for the beginning of the leave and for the return to work. The leave must be terminated no later than the end of the 52nd week following the child’s arrival in the home.

The leave of an officer who is eligible for benefits under the Québec Parental Insurance Plan shall be concurrent with the period during which benefits granted under the Act respecting parental insurance (chapter A-29.011) are paid and must begin no later than the week following the start of parental insurance benefit payments.

The leave of an officer who is ineligible for benefits under the Québec Parental Insurance Plan must be taken either following the order of placement of the child or its equivalent, in the case of an international adoption, in accordance with the adoption plan or at another time agreed upon with the employer.

T.B. 193821, s. 7; M.O. 2011-019, s. 23.

76.42.An officer whose child is hospitalized may suspend the adoption leave provided for in section 76.41, upon agreement with the employer and return to work for the duration of the hospitalization.

T.B. 193821, s. 7; M.O. 2011-019, s. 23.

76.43.At the officer’s request, the adoption leave provided for in section 76.41 may be divided into weeks if the child is hospitalized or if a situation described in sections 79.1 and 79.8 to 79.12 of the Act respecting labour standards (chapter N-1.1) occurs.

The maximum number of weeks during which adoption leave may be suspended is equal to the number of weeks during which the child is hospitalized. For other adoption leave division options, the maximum number of weeks of suspension is prescribed in the Act respecting labour standards for the applicable situation.

During such suspension, an officer is considered to be on leave without pay and shall not receive any allowance or benefit from the employer; however, the officer receives the benefits prescribed in section 76.56.

T.B. 193821, s. 7; M.O. 2011-019, s. 23.

76.44.When an officer resumes an adoption leave that was suspended or divided under section 76.42 or 76.43, the employer shall pay the officer the allowance to which he or she would have been entitled had the officer not availed himself or herself of the suspension or division for the number of weeks remaining under section 76.41.

T.B. 193821, s. 7; M.O. 2011-019, s. 23.

76.45.An officer who sends to his or her employer, before the expiry date of the adoption leave, a notice accompanied by a medical certificate attesting that his or her child’s state of health requires it, is entitled to an extension of the adoption leave provided for in section 76.41. The duration of this extension is that specified in the medical certificate.

During such an extension, an officer is considered to be on leave without pay and shall not receive any allowance or benefit from the employer; however, the officer receives the benefits prescribed in section 76.56.

T.B. 193821, s. 7; T.B. 196312, s. 50; M.O. 2011-019, s. 23.

76.46.During the adoption leave provided for in section 76.41, the officer, who has completed 20 weeks of service, shall receive an allowance equal to the difference between the officer’s weekly salary and the amount of benefits he or she receives, or would receive after submitting an application for benefits, under the Québec Parental Insurance Plan or the Employment Insurance Plan.

The second, third and fourth paragraphs of section 76.14 or the second, third and fourth subparagraphs of section 76.16, as the case may be, as well as section 76.15, shall apply, with the necessary modifications.

76.47.An officer who is not eligible for adoption benefits under the Québec Parental Insurance Plan or parental benefits under the Employment Insurance Plan and who adopts a child other than his or her spouse’s child shall receive, during the adoption leave provided for in section 76.41, an allowance equal to the officer’s weekly salary, if the officer has completed 20 weeks of service.

76.48.Subparagraphs 1, 2 and 4 of the first paragraph of section 76.18 apply to an officer receiving compensation under section 76.46 or 76.47, with the necessary modifications.

T.B. 193821, s. 7; M.O. 2011-019, s. 23.

76.49.An officer who takes an adoption leave provided for in section 76.40 or 76.41 is entitled to the benefits provided for in sections 76.19, 76.20, 76.23 and 76.25.

The officer who is on adoption leave maintains his or her participation in all of the mandatory group insurance plans in which he or she participates. The employer and the officer make their respective payments on the basis of the salary that the officer would receive if he or she were at work and the full provisions of the group insurance plans apply.

At the end of the adoption leave, the officer shall resume his or her position with the employer, subject to the provisions respecting employment stability provided for in Chapter 5. The terms of employment, including the salary, shall be the same as those to which the officer would have been entitled had the officer remained at work.

76.50.An officer must report for work on the expiry date of the adoption leave provided for in section 76.41, unless the leave is extended in the manner prescribed in Division 7 of this chapter.

An officer who does not comply with the first paragraph is considered to be on leave without pay for a period not exceeding 4 weeks. At the end of this period, an officer who is not at work is deemed to have resigned.

T.B. 193821, s. 7; M.O. 2011-019, s. 23.

76.51.An officer who is adopting his or her spouse’s child is entitled to a leave not exceeding 5 working days, of which only for the first two days are with pay.

This leave may be discontinuous and may not be taken after the 15th day following the filing of the adoption application.

T.B. 193821, s. 7; M.O. 2011-019, s. 23.

76.52.An officer shall be granted, for the purpose of adopting a child, a leave without pay not exceeding 10 weeks from the date on which he or she actually takes custody of the child, unless it involves the child of a spouse.

An officer who travels outside of Québec to adopt a child, except for his or her spouse’s child, shall, by applying in writing to the employer, if possible, 2 weeks in advance, obtain leave without pay for the required travel time.

Notwithstanding the provisions of the first and second paragraphs, the leave without pay shall end no later than the week following the start of benefit payments under the Québec Parental Insurance Plan or the Employment Insurance Plan, when the provisions of section 76.41 become applicable.

During the leave without pay, the officer is entitled to the benefits provided for in section 76.56.

(1) a leave without pay not exceeding 2 years immediately following the maternity leave provided for in section 76.7;

(2) a leave without pay not exceeding 2 years immediately following the paternity leave provided for in section 76.30. However, the duration of the leave must not exceed the 125th week following the birth;

(3) a leave without pay not exceeding 2 years immediately following the adoption leave provided for in section 76.41. However, the duration of the leave must not exceed the 125th week following the child’s arrival in the home.

The full-time officer who does not prevail himself or herself of the leave without pay shall be entitled, upon agreement with the employer, to a partial leave without pay not exceeding 2 years. The duration of the leave must not exceed the 125th week following the child’s birth or arrival in the home. During the partial leave without pay, the officer may be assigned to his or her position or to any other duties agreed upon between the officer and the employer.

During a leave provided for in this section, the officer may, upon agreement with the employer, prevail himself or herself once of one of the following modifications:

(1) convert a leave without pay into a partial leave without pay, or vice versa, as the case may be;

(2) convert a partial leave without pay into a different partial leave without pay.

An officer who does not take his or her leave without pay or partial leave without pay may, for the part of the leave that his or her spouse did not use, elect to benefit from a leave without pay or partial leave without pay by complying with the formalities prescribed.

Where an officer’s spouse is not employed by an employer referred to in subparagraph 3 of the first paragraph of section 76.18, the officer may prevail himself or herself of a leave at the time of the officer’s choosing within 2 years following the birth or adoption, without, however, exceeding the deadline set at 2 years from the birth or adoption. The officer may also, upon agreement with the employer, prevail himself or herself of a partial leave without pay under the same terms.

T.B. 193821, s. 7; M.O. 2011-019, s. 23.

76.54.An officer who does not take the leave provided for in section 76.53 is entitled, after the birth or adoption of the child, to a leave without pay of no more than 52 continuous weeks beginning at the time decided by the officer and ending at the latest 70 weeks after the birth or, in the case of an adoption, 70 weeks after the child is placed with the officer.

T.B. 193821, s. 7; M.O. 2011-019, s. 23.

76.55.An officer who wants to take a leave provided for in section 76.53 or in section 76.54 must submit a written request to that effect at least 3 weeks in advance.

T.B. 193821, s. 7; M.O. 2011-019, s. 23.

76.56.During the leave without pay or partial leave without pay, an officer’s continuous service is not interrupted.

His or her participation in the uniform life insurance plan is maintained for the duration of the leave provided for in section 76.53.

Moreover, the officer must maintain his or her participation in the basic compulsory accident and health plan, in compliance with the following conditions:

(a) pay his or her contributions according to this plan;

(b) pay the employer’s contribution to this plan, for the period of time that exceeds the first 52 weeks of the leave without pay or the partial leave without pay provided for in section 76.53.

The officer may, upon request made to the employer before the beginning of the leave, maintain his or her participation in all insurance plans that he or she participated in before the leave, in accordance with the provisions of the master policy.

The provisions relating to the maintenance of the officer’s participation in the surviving spouse’s pension plan are those provided for in section 61.

For the purposes of the short-term disability insurance plan, any total disability beginning during the leave without pay is deemed to have started at the end of the leave.

The provisions relating to the maintenance of the officer’s retirement plan apply as prescribed.

With respect to the other terms of employment, an officer who is on partial leave without pay shall be governed, during his or her time at work, by the rules applicable to a part-time officer.

T.B. 193821, s. 7; M.O. 2011-019, s. 23.

76.57.An officer may take any deferred annual vacation immediately before a leave without pay or partial leave without pay, provided that it is continuous with the maternity leave, paternity leave or adoption leave, as the case may be.

For the purposes of this section, statutory holidays or flexible leave accumulated before the beginning of the maternity leave, paternity leave or adoption leave are considered in the same manner as deferred annual vacation time.

T.B. 193821, s. 7; M.O. 2011-019, s. 23.

76.58.An officer to whom the employer has sent, 4 weeks in advance, a notice indicating the expiry date of his or her leave without pay or partial leave without pay must give notice of his or her return to work at least 2 weeks before the expiry of said leave, failing which, the officer is deemed to have resigned.

An officer may, upon agreement with the employer, terminate his or her leave without pay or partial leave without pay before the scheduled date.

T.B. 193821, s. 7; M.O. 2011-019, s. 23.

76.59.At the end of this leave without pay or partial leave without pay, an officer shall resume his or her position with the employer, subject to the provisions respecting employment stability provided for in Chapter 5. The terms of employment, including the salary, shall be the same as those to which the officer would have been entitled had he or she remained at work.

T.B. 193821, s. 7; M.O. 2011-019, s. 23.

DIVISION 8

LEAVE FOR PARENTAL RESPONSIBILITIES

M.O. 2011-019, s. 23.

76.60.An officer who is absent from work under sections 79.8 to 79.15 of the Act respecting labour standards (chapter N-1.1) must inform the employer of the reasons for his or her absence as promptly as possible and provide the employer with supporting documents to justify the absence.

The conditions set out in sections 76.56 and 76.59 shall be applicable during this absence, subject to the provisions of section 79.16 of the Act respecting labour standards.

T.B. 193821, s. 7; M.O. 2011-019, s. 23.

76.61.An officer may, after informing the employer as promptly as possible, be absent without pay up to a maximum of 10 days per year to fulfil obligations relating to the custody, health or education of his or her child or spouse’s child, or by reason of the state of health of the officer’s spouse, father, mother, a brother, a sister or one of the officer’s grandparents.

The days thus used shall either be deducted, where possible, from the officer’s annual bank of vacation days or taken without pay, as the officer chooses.

This leave may be divided into half-days if the employer consents thereto.

76.62.The deferred or anticipated salary leave plan enables an officer to apportion his salary so as to benefit from remuneration during a period of leave. The plan is not intended to enable an officer to defer income tax or to receive benefits at retirement.

For the duration of his participation in the plan, an officer shall receive no other salary corresponding to the percentage of his salary as determined in Division 2 of this Chapter from his employer, an employer in the public or parapublic sector, another person or company with whom the employer has ties.

T.B. 193821, s. 7.

76.63.The plan comprises a period of work and a period of leave. The leave with deferred salary is one in which the period of leave follows the entire period of work. The leave with anticipated salary is one in which the period of leave precedes entirely or in part the period of work.

T.B. 193821, s. 7.

76.64.The duration of participation in the plan may be 2, 3, 4 or 5 years. The scheduled duration of participation may however be extended in accordance with the provisions of sections 76.78, 76.81 and 76.82. It may in no case exceed 7 years.

T.B. 193821, s. 7.

§ 2. — Period of leave

T.B. 193821, s. 7.

76.65.The duration of the period of leave may be 6 months to one year.

Notwithstanding any provision to the contrary, the period of leave must be taken in whole and consecutive months and may not be interrupted under any circumstances.

The period of leave must begin no later than upon the expiry of a maximum period of 6 years from the date on which the amounts began to be deferred.

During the period of leave, subject to the provisions of this Chapter, an officer shall be deemed to be on leave without pay.

T.B. 193821, s. 7.

§ 3. — Period of work

T.B. 193821, s. 7.

76.66.Subject to the provisions of this Chapter, during the period of work, the officer’s availability and work load shall be the same as those he would assume if he were not participating in the plan; furthermore, he is entitled to the same benefits under this Regulation as those to which he would be entitled if he were not participating in the plan.

T.B. 193821, s. 7.

§ 4. — Eligibility

T.B. 193821, s. 7.

76.67.To be eligible for the plan, an officer must hold a position and have completed 2 years of service with his employer.

An officer shall file a written application for participation in the plan with his employer who shall decide on the granting of the deferred or anticipated salary leave plan. The written application shall indicate the beginning and the end of the duration of participation in the plan, as well as the duration of the period of leave.

T.B. 193821, s. 7.

76.68.A part-time officer shall be eligible on the same conditions as the full-time officer but he may use his period of leave only in the last year of participation in the plan.

The salary he receives during his period of leave shall be based on the average number of hours paid during the period of work preceding the leave.

The compensatory sums provided for the part-time officer’s vacation and statutory holidays shall be calculated and paid on the basis of the percentage of the salary determined in accordance with section 76.71.

T.B. 193821, s. 7.

76.69.An officer whose status changes from full-time to part-time during his period of work may elect to:

(1) continue to participate in the plan according to section 76.68; or

(2) withdraw from his agreement on the conditions determined in section 76.88.

A full-time officer who becomes a part-time officer after his period of leave is deemed to remain a full-time officer for the purposes of calculating the percentage of his salary during the period of work following the period of leave.

T.B. 193821, s. 7.

§ 5. — Agreement

T.B. 193821, s. 7.

76.70.If the employer is willing to grant the deferred or anticipated salary leave, an officer shall undertake by agreement to comply with the terms and conditions of the plan, in particular,

(1) the duration of participation in the plan;

(2) the duration of the leave;

(3) the period when the leave will be used; and

(4) the period when the officer resumes his position with his employer after the period of leave for a period at least equal to that of the leave. The employer shall then reinstate the officer in his position, subject to the provisions respecting employment stability provided for in Chapter 5. The terms of employment shall be the same as those to which he would have been entitled had he remained at work.

The agreement shall include the provisions of the plan and the officer shall not be on disability leave, parental leave or leave without pay at the time of the signing.

T.B. 193821, s. 7.

DIVISION 2

TERMS AND CONDITIONS OF APPLICATION

T.B. 193821, s. 7.

§ 1. — Remuneration

T.B. 193821, s. 7.

76.71.For each year of participation in the plan, an officer shall receive the percentage of his salary provided for in the following table, based on the duration of participation in the plan and the duration of the period of leave:

_____________________________________________________________

Duration of participation in the plan_____________________________________________________________

2 years 3 years 4 years 5 yearsPeriod ______________________________________________of leavePercentage of the salary_____________________________________________________________

76.72.The salary on which the percentage is calculated is the one an officer would receive if he did not participate in the plan. The salary includes the increase due to the adjustment of salary classes and the increase for satisfactory performance as provided for in Chapter 3.

It includes the lump sum related to a change of position leading to a salary decrease pursuant to sections 17, 20 and 21 and sections 104.1 to 104.3.

It does not include the additional remuneration for plurality of positions or interim or the compensation, bonuses and allowances provided for in Divisions 5, 6, 8 and 9 of Chapter 3.

T.B. 193821, s. 7; T.B. 196312, s. 52.

76.73.During the period of leave, an officer is not entitled to any compensation, premium or allowance provided for in Division 8 or 9 of Chapter 3. During the period of work, he is entitled to all such compensation, premiums and allowances.

During his participation in the plan, the officer is entitled to the increase for satisfactory performance as prescribed in section 14.

T.B. 193821, s. 7; T.B. 196312, s. 53.

§ 2. — Social security plans

T.B. 193821, s. 7.

76.74.During the period of leave, the employer shall continue to contribute to the Québec Pension Plan, the Québec Health Insurance Plan and the occupational health and safety plan. The contribution of the employer and the officer to employment insurance does not apply during the period of leave. The participation of the officer in the group insurance plans shall be established in accordance with Division 2 of Chapter 4.

T.B. 193821, s. 7.

76.75.For calculating a pension for the purposes of a retirement plan, the Act respecting the Government and Public Employees Retirement Plan (chapter R-10) recognizes one year of service for each year of participation in the deferred or anticipated salary leave plan, as well as an average salary based on the salary he would have received had he not participated in the plan.

T.B. 193821, s. 7.

76.76.An officer’s contribution to a retirement plan during the years of participation in the plan shall be established by the Regulation respecting certain temporary measures prescribed by Title IV of the Act respecting the Government and Public Employees Retirement Plan (chapter R-10, r. 5).

T.B. 193821, s. 7.

§ 3. — Vacation and miscellaneous leave

T.B. 193821, s. 7.

76.77.During his participation in the plan, an officer shall accumulate continuous service for annual vacation purposes. During the period of leave, he is deemed to have taken the vacation days to which he is entitled for that period. During the period of work, annual vacation shall be remunerated in accordance with the percentage of his salary as determined in section 76.71.

T.B. 193821, s. 7.

76.78.During his participation in the plan, an officer who benefits from leave without pay shall extend the duration of his participation in the plan for a period equivalent to that of the leave without pay without exceeding one year. Leave without pay of more than one year is equivalent to abandoning the plan and the provisions of section 76.88 shall then apply.

T.B. 193821, s. 7.

76.79.The amount the employer shall collect during the extension of an officer’s participation in the plan as a result of taking partial leave without pay, is equal to the employer’s lost income following the partial leave without pay.

T.B. 193821, s. 7.

76.80.During his participation in the plan, an officer’s leave with pay shall be remunerated in accordance with the percentage of his salary as determined in section 76.71.

Leave with pay that falls within the period of leave is deemed to have been taken.

T.B. 193821, s. 7.

§ 4. — Maternity leave

T.B. 193821, s. 7.

76.81.An officer’s participation in the plan shall be suspended for the duration of the maternity leave that occurs during the period of work. The plan shall then be extended for a period equal to the maternity leave.

Where the maternity leave occurs during the period of leave, it is presumed not to have occurred. Notwithstanding the foregoing, it shall be considered to have begun on the scheduled date of an officer’s return to work on condition that the provisions of Chapter 4.1 respecting maternity leave are complied with.

Where the maternity leave occurs before the period of leave, an officer may terminate participation in the plan. In such a case, the salary that was not paid for the period of work elapsed shall be reimbursed, in addition to any compensation and, where applicable, the employment insurance benefits provided for the maternity leave, but without interest. The amounts so reimbursed shall be subject to the contribution to the retirement plan.

Subject to sections 76.78 and 76.79, the maternity leave may be extended by a leave without pay or partial leave without pay without affecting the officer’s participation in the plan. Notwithstanding the foregoing, for any of the leaves, the duration of participation in the plan shall be extended accordingly, except if the period of leave has begun.

C.T. 193821, s. 7.

§ 5. — Disability

T.B. 193821, s. 7.

76.82.For the purposes of the short-term salary insurance plan, the following provisions apply:

(1) where the officer becomes disabled during the period of leave, the period of leave shall continue in accordance with section 76.65 and the officer may not benefit from the provisions of the short-term salary insurance plan determined in Division 5 of Chapter 4.

On the scheduled date of return to work, if the officer is still disabled, the disability is then presumed to begin on that date and the officer shall benefit from the short-term salary insurance plan based on the percentage of salary determined in section 76.71 for the remainder of his participation in the plan;

(2) where the officer becomes disabled during the duration of his participation in the plan but before having used his period of leave and the disability persists until the date on which the period of leave was scheduled, he may elect to:

(a) maintain his participation in the plan and defer the period of leave to a time when he is not disabled. During that time, the officer shall benefit from the short-term salary insurance plan based on the percentage of salary determined in section 76.71 for the remainder of his participation in the plan.

If the disability persists during the last year of the officer’s participation in the plan, the plan may then be suspended from the scheduled beginning of the period of leave until the end of the disability. During that time, the officer shall benefit from the short-term salary insurance plan and the period of leave shall begin on the day on which the disability ceases; or

(b) cancel his participation in the plan and the employer shall reimburse him the part of the salary he did not receive for the period of work elapsed, but without interest. The provisions of paragraph 4 of section 76.88 shall apply;

(3) where the officer becomes disabled during his participation in the plan but after having used his period of leave, he shall benefit from the short-term salary insurance plan based on the percentage of salary determined in section 76.71. Upon the expiry of his participation in the plan, the officer shall receive salary insurance based on the salary determined in accordance with the provisions of Division 5 of Chapter 4.

T.B. 193821, s. 7.

76.83.Where the disability persists after 104 weeks, an officer shall benefit from the mandatory basic long-term salary insurance plan, his participation in the plan ends and the following provisions apply:

(1) where the officer has already used his period of leave, he is not required to reimburse the salary he was overpaid; one year of service for retirement plan purposes shall be recognized for each year of participation in the plan;

(2) where the officer has not used his period of leave, he shall receive the portion of salary he has not received for the period of work elapsed, but without interest. The provisions of paragraph 4 of section 76.88 shall apply.

T.B. 193821, s. 7.

76.84.A part-time officer may avail himself of the provisions of paragraph 2 of section 76.82. Notwithstanding the foregoing, he shall receive, as of the second week of disability, full salary insurance as long as he is eligible due to his disability, in accordance with Division 5 of Chapter 4.

T.B. 193821, s. 7.

§ 6. — Mobility

T.B. 193821, s. 7.

76.85.In cases where the officer changes positions pursuant to Subdivision 3 of Division 4 of Chapter 3, with the same employer, the officer’s participation in the plan shall be maintained unless the employer cannot maintain the agreement. In the latter case, the provisions of section 76.88 shall apply with the exception that the officer does not reimburse the salary he was overpaid when his period of leave was used.

Where an officer takes a position with another employer of the public or parapublic sector who offers a comparable plan during the officer’s participation in the plan, the conditions for maintaining the agreement remain at the discretion of the new employer. If the latter refuses to maintain the agreement, the provisions of section 76.88 shall apply and the reimbursement, where applicable, shall be made in accordance with section 76.91.

T.B. 193821, s. 7.

§ 7. — Employment stability

T.B. 193821, s. 7.

76.86.Following the elimination of his position, an officer who chooses reinstatement within the sector in accordance with Division 4 of Chapter 5, shall maintain his participation in the plan until the effective date of his reinstatement or until he elects to change.

If the participation in the plan of the reinstated officer is not ended with his original employer, he may complete it by means of an agreement with his new employer. Failing such agreement, his participation in the plan shall end and sections 76.88 and 76.91 shall apply.

At the time of a change made pursuant to section 102, where the officer elects to leave the sector, the agreement shall end and section 76.88 shall apply.

T.B. 193821, s. 7.

76.87.Following the elimination of his position, where the officer elects to leave the sector in accordance with Division 6 of Chapter 5, the agreement relating to his participation in the plan shall end and section 76.88 shall apply. Notwithstanding the foregoing, no reimbursement shall be required of him.

T.B. 193821, s. 7.

DIVISION 3

END OF PARTICIPATION

T.B. 193821.

§ 1. — Resignation, retirement, withdrawal and other departures

T.B. 193821, s. 7.

76.88.Following an officer’s resignation, pre-retirement or retirement, withdrawal from the plan in accordance with the provisions of this Chapter or the expiry of the 7-year time limit in accordance with section 76.64, participation in the plan shall end immediately and the following terms and conditions shall apply:

(1) where an officer has already taken the period of leave, he shall reimburse, without interest, the amounts he received during the period less the amounts already deducted from his salary during the period of work;

(2) where an officer has not yet taken the period of leave, the employer shall reimburse him, without interest, for the difference between the salary he would have received had he not participated in the plan and the salary he actually received since the beginning of his participation in the plan;

(3) during the period of leave, the reimbursement by an officer or the employer shall consist of the difference between the amounts received by the officer during that period of leave and the total amounts already deducted from the salary he received during the period of work. Where the difference is a negative amount, the employer shall reimburse the officer for it, without interest. Where the difference is a positive amount, the officer shall reimburse the employer for that amount, without interest;

(4) for the purpose of retirement plans, the recognized rights are the rights that would have applied has the officer never participated in the plan. Where the period of leave has been taken, the contributions made during that period shall be used to compensate for the contributions that were not made to compensate for any lost pension; an officer may, however, redeem lost years of service under the same conditions as those for leave without pay, in accordance with the provisions of the applicable retirement plan. In addition, where the period of leave has not been taken, the contributions are usually insufficient to have the total number of years worked recognized. They shall be subtracted from the reimbursement owed to the officer.

T.B. 193821, s. 7.

§ 2. — Dismissal, non-renewal or termination of engagement

T.B. 193821, s. 7.

76.89.Upon the officer’s dismissal, or the non-renewal or termination of the officer’s engagement, the agreement respecting his participation in the plan is terminated on the date one of the measures takes effect. Section 76.88 then applies.

T.B. 193821, s. 7.

§ 3. — Death

T.B. 193821, s. 7.

76.90.The agreement respecting an officer’s participation in the plan is terminated on the date of his death. The measures provided for in section 76.88 then apply, with the exception that no reimbursement of overpaid salary shall be required. Notwithstanding the foregoing, any part of the salary that was not paid shall be reimbursed to the officer’s successor.

T.B. 193821, s. 7.

§ 4. — Reimbursements

T.B. 193821, s. 7.

76.91.Where an officer must reimburse amounts with respect to agreement termination measures respecting his participation in the plan, he shall carry out the reimbursement as of the termination of the plan and according to the terms and conditions of the agreement entered into by him and his employer.

Pursuant to the second paragraph of section 76.85 and the third paragraph of section 76.86, the employer with whom an officer is reinstated shall collect the amount to be reimbursed and periodically remit it to the original employer for the purposes of the plan.

T.B. 193821, s. 7.

76.92.Where an officer does not use his period of leave during his participation in the plan, the employer shall pay him the total amount of salary that was deferred, beginning in the first taxation year following the end of his participation in the plan.

T.B. 193821, s. 7.

CHAPTER 4.3

PROGRESSIVE PRE-RETIREMENT

T.B. 193821, s. 7.

DIVISION 1

GENERAL

T.B. 193821, s. 7.

§ 1. — Main characteristics

T.B. 193821, s. 7.

76.93.Progressive pre-retirement enables an officer to reduce his working hours, for a period of one to 5 years immediately preceding his retirement. The number of working hours in each calendar year or part thereof during which the progressive pre-retirement applies is not less than 40% or more than 80% of the hours worked by a full-time officer.

For the purposes of this Chapter, a “part of a calendar year” means the portion of a calendar year in which a progressive pre-retirement begins or ends.

T.B. 193821, s. 7.

§ 2. — Eligibility

T.B. 193821, s. 7.

76.94.To participate in the progressive pre-retirement plan, an officer shall file a written application therefor with his employer. To grant it, the latter shall take into account the needs of the organization. Furthermore, an officer shall meet the following conditions:

(1) he participates in a retirement plan;

(2) he holds a regular officer’s position for more than 40% of full-time employment;

(3) he holds and sends his employer, at the same time he files his application, an attestation from Retraite Québec to the effect that he will be entitled to a retirement pension on the date scheduled for the end of the agreement concluded in accordance with section 76.95;

(4) he has concluded an agreement with his employer in accordance with Subdivision 3 of this Division;

(5) he has not already benefited from a progressive pre-retirement plan; and

(6) at the time of the signing of the agreement, he is not governed by the employment stability measures provided for in Chapter 5.

T.B. 193821, s. 7.

§ 3. — Agreement

T.B. 193821, s. 7.

76.95.The written agreement concluded between the officer and the employer shall comply with the provisions of this Chapter and contain the following information:

(1) the duration of the progressive pre-retirement;

(2) the proportion of time worked for each calendar year or part thereof during which the progressive pre-retirement applies in accordance with the first paragraph of section 76.93;

(3) the work schedule;

(4) an undertaking by the officer to retire upon completion of the progressive pre-retirement, subject to Division 3 of this Chapter.

T.B. 193821, s. 7.

76.96.During progressive pre-retirement, the officer and the employer may agree in writing to amend the agreement concluded under the provisions of this subdivision, provided that the amendments comply at all times with the other terms and conditions of application of the plan.

The amendments may concern the duration of the agreement, the percentage of the time worked for each of the years or parts thereof covered by the progressive pre-retirement or the work schedule. Any amendment to the dates of the beginning or end of the agreement must be agreed to beforehand by Retraite Québec.

T.B. 193821, s. 7; I.N. 2017-12-01.

76.97.Where the years of service or parts thereof credited to the officer at the end of the agreement are less than those estimated by Retraite Québec, the agreement shall be extended to the date on which those years or parts of years correspond to the estimate made by Retraite Québec.

Where the officer is not entitled to his pension at the end of the agreement, the agreement shall be extended to the date on which the officer is entitled to it.

T.B. 193821, s. 7; I.N. 2017-12-01.

DIVISION 2

TERMS AND CONDITIONS OF APPLICATION

T.B. 193821, s. 7.

§ 1. — Salary and other benefits

T.B. 193821, s. 7.

76.98.The salary of an officer in progressive pre-retirement shall be paid for the entire calendar year or part thereof in proportion to the time worked as provided for each of the years or parts thereof covered by the agreement.

T.B. 193821, s. 7.

76.99.During the period of progressive pre-retirement, an officer accumulates continuous service as though he had not availed himself of progressive pre-retirement.

T.B. 193821, s. 7.

76.100.Where an employer eliminates the position of an officer in progressive pre-retirement, the agreement shall continue to apply. The officer shall retain the status of officer for the duration of the agreement, and the employment stability measures provided for in Chapter 5 shall not apply. Notwithstanding the foregoing, the employer shall establish, with the officer, a plan of utilization based on the time worked as provided for in the agreement.

T.B. 193821, s. 7.

76.101.Subject to the provisions of this Chapter, an officer in progressive pre-retirement shall benefit from the terms of employment provided for in this Regulation, which apply in proportion to the time worked as provided for in the agreement.

T.B. 193821, s. 7.

§ 2. — Stick-leave fund

T.B. 193821, s. 7.

76.102.An officer benefiting from progressive pre-retirement may agree with his employer to use his sick-leave fund to dispense himself from all or part of the working time provided for in the agreement. Each sick-leave day thus used is equal to one day worked, in accordance with paragraph 3 of section 75. The terms and conditions of such use must be provided for in the agreement concluded under section 76.95.

The remainder of the sick-leave fund has a monetary value and is payable in accordance with paragraph 4 of section 75.

T.B. 193821, s. 7.

§ 3. — Group insurance plans

T.B. 193821, s. 7.

76.103.An officer is entitled, for the duration of the agreement, to the coverage of his group insurance plans provided for in section 51 on the basis of the time worked before the beginning of the agreement.

A disabled officer who benefits from the short-term salary insurance plan shall receive a benefit on the basis of the time worked as prescribed for each of the calendar years or parts thereof contemplated by the agreement but reduced, where applicable, by the sick-leave days to be used in accordance with section 76.102. The benefit shall be paid for the duration of the disability, but does not extend beyond the date of expiry of the agreement.

During the period of disability, an officer may use, in whole or in part, his sick-leave fund to make up the difference between his short-term salary insurance benefit and his net salary, in accordance with paragraph 2 of section 75.

T.B. 193821, s. 7.

76.104.During an officer’s progressive pre-retirement, the contribution of the employer and that of the officer to the group insurance plans shall be maintained based on the time worked by the officer before the agreement comes into effect. The same rule applies to health and accident insurance plans, but based on an officer’s normal full-time schedule.

Where the duration of the agreement extends beyond 104 weeks, the contribution of the employer and that of the officer to the mandatory long-term salary insurance plans shall be maintained, subject to the provisions of the master policy.

T.B. 193821, s. 7; T.B. 196312, s. 54.

§ 4. — Retirement plan

T.B. 193821, s. 7.

76.105.During an officer’s progressive pre-retirement, the pensionable salary for the years or parts thereof covered by the agreement for the purposes of the retirement plan is the salary that the officer would have received had he not availed himself of progressive pre-retirement or would have been entitled to receive for a period in which he receives salary insurance benefits. The service credited is the service that would have been credited to him had he not availed himself of progressive pre-retirement.

T.B. 193821, s. 7.

76.106.During the progressive pre-retirement, an officer shall pay contributions to his retirement plan that are equal to the contributions that he would have made had he not availed himself of progressive pre-retirement.

If the officer receives short-term salary insurance benefits, a disabled officer’s exemption form making contributions to the retirement plan is the exemption to which he would have been entitled had he not availed himself of progressive pre-retirement. Such exemption shall not exceed the end date of the agreement.

If the officer receives long-term salary insurance benefits, the insurer shall make the contributions to the retirement plan that would have been made by the officer had he not availed himself of progressive pre-retirement until the end of the agreement.

T.B. 193821, s. 7.

DIVISION 3

END OF THE AGREEMENT

T.B. 193821, s. 7.

76.107.The agreement ends if an officer holds a new position with another employer of the public or parapublic sector, unless the new employer agrees to continue the agreement and Retraite Québec approves such continuation.

T.B. 193821, s. 7; I.N. 2017-12-01.

76.108.Where the agreement becomes null or is terminated pursuant to section 76.107 or because of circumstances provided for in the regulations made under the Act respecting the Government and Public Employees Retirement Plan (chapter R-10), the Act respecting the Teachers Pension Plan (chapter R-11), the Act respecting the Civil Service Superannuation Plan (chapter R-12), the pensionable salary, the service credited and the contributions to the retirement plan shall be determined, for each of the circumstances, in the manner prescribed by those regulations as they read on the date on which they are applied.

T.B. 193821, s. 7.

CHAPTER 4.4

DEVELOPMENT

T.B. 196312, s. 55.

76.109.The employer shall promote the maintenance and development of its officers’ skills.

T.B. 196312, s. 55.

76.110.Every officer shall prepare an annual development plan and submit it to his employer for approval.

T.B. 196312, s. 55.

76.111.The development plan shall provide for activities designed to support the officer in the achievement of the organization’s objectives and his own career goals. In particular, it may provide for a continuous training program, participation in a reference group, leave with or without pay, a service loan to another employer or a practical training period in another workplace. Where necessary, the officer and the employer shall agree on conditions for the granting of leave and for the officer’s return to work.

T.B. 196312, s. 55.

76.112.The employer shall set aside financial resources every year to cover the activities provided for in the officer’s development plan.

T.B. 196312, s. 55.

CHAPTER 5

EMPLOYMENT STABILITY MEASURES

DIVISION 1

GENERAL PROVISIONS

O.C. 1218-96, Div. 1; T.B. 196312, s. 56.

77.This chapter applies to an officer who has completed his probation period with an employer and who, following an administrative reorganization, is transferred to a position with another employer or whose position is eliminated.

O.C. 1218-96, s. 77; T.B. 196312, s. 56.

77.1.There is no appeal from a decision by the employer to implement an administrative reorganization.

T.B. 196312, s. 56.

DIVISION 2

PROFESSIONAL CAREER TRANSITION SERVICES

O.C. 1218-96, Div. 2; M.O. 2007-007, s. 3.

78.An officer benefiting from employment stability measures and who has elected reinstatement has access to professional career transition services including among others reception, help and advice, and evaluation of his potential, as well as support in the setting-up of his reinstatement plan, in his search for employment and in orientating him towards available positions. These services are provided by a specialized resource that is external to the employer.

O.C. 1218-96, s. 78; M.O. 2007-007, s. 3.

79.The employer shall provide, to an officer benefiting from employment stability measures and who has elected reinstatement, access to the professional career transition services described in section 78. The cost of these services shall be borne by the employer.

O.C. 1218-96, s. 79; S.Q. 2005, c. 32, s. 309; M.O. 2007-007, s. 3.

80.The agency shall coordinate, in collaboration with the institutions, the setting-up and management of a bank of officers on reserve and a bank of available positions to be filled with employers of the region.

O.C. 1218-96, s. 80; M.O. 2007-007, s. 3.

80.1.The Minister shall ensure that the officers on reserve receive the professional career transition services to which they are entitled. In that connection, the Minister shall determine, in collaboration with the agencies, the terms and conditions for evaluating the career transition services, convey the information to the employers’ and officers’ associations and ensure that the appropriate follow-up actions are taken.

M.O. 2007-007, s. 3.

DIVISION 3

ADMINISTRATIVE REORGANIZATION INVOLVING MORE THAN ONE EMPLOYER

§ 1. — Partial integration

81.The original employer shall notify in writing at least 120 days in advance the concerned officers’ association and its local representatives, the agency as well as the affected officers of his intention to carry out an administrative reorganization that results in the transfer of activities and officers from one employer to another employer and in the elimination of one or more positions of officer. During that period, the employer shall reorganize his staff in accordance with section 93.

O.C. 1218-96, s. 81.

82.Where an officer affected by a partial integration cannot be reinstated with his employer during that period, his position shall be eliminated from the date of the partial integration, in accordance with section 94. The officer shall then be transferred to the new employer and shall benefit from the employment stability measures.

O.C. 1218-96, s. 82.

83.The new employer shall, at least 30 days before the effective date of the transfer, inform the original employer, the officer and the officers’ association concerned that he intends to appoint an officer affected by the transfer to an equivalent position of officer.

An equivalent position of officer is a position of officer at the same hierarchy level, involving the same level of responsibility and the same salary class as the position held by the transferred officer with his original employer.

O.C. 1218-96, s. 83.

84.Where a transfer of activities from one employer to another employer involves the creation, from the same activities, of a new position of officer with the new employer, the new employer shall, in order to fill that new position of officer, hold a competition limited to the officers affected by the transfer of activities including the officer covered by section 82 who has elected the reinstatement option. There shall be no appeal against that decision under this Regulation.

O.C. 1218-96, s. 84.

85.Within 12 months following the date of appointment of an officer in accordance with sections 83 and 84, an employer who observes that the transferred officer is incapable of carrying out the duties of his new position shall notify the officer in writing, 30 days in advance, that he will be placed on reserve. The employer shall send a copy of the notice to the appropriate officers’ association. The officer shall choose one of the options prescribed in the second paragraph of section 94. In such a case, the time spent with the new employer, in the new position of officer, shall be excluded from the officer’s reinstatement period. There shall be no appeal from the decision made by the employer.

O.C. 1218-96, s. 85; T.B. 196312, s. 57.

§ 2. — Amalgamation and total integration

86.The original employers shall notify in writing at least 120 days in advance the concerned officers’ associations and their local representatives, the agency as well as the affected officers of their intention to carry out an amalgamation or a total integration.

O.C. 1218-96, s. 86.

87.Beginning on the date of the total integration or of the confirmation of its legal existence in the case of an amalgamation, the new employer may carry out an administrative reorganization resulting in the elimination of one or more positions of officer. In such case, the employer shall proceed in accordance with Division 4 of this chapter.

O.C. 1218-96, s. 87.

88.Within 12 months following the date of appointment of an officer to a new available position of officer, where the new employer observes that the transferred officer is incapable of carrying out the duties of his new position, it shall notify the officer in writing, 30 days in advance, that he will be placed on reserve. The employer shall send a copy of the notice to the appropriate officers’ association. The officer shall choose one of the options prescribed in the second paragraph of section 94. In such a case, the time spent with the new employer, in the new position of officer, shall be excluded from the officer’s reinstatement period. There shall be no appeal from the decision made by the employer.

O.C. 1218-96, s. 88; T.B. 196312, s. 58.

§ 3. — Closing

89.The original employers shall notify in writing at least 120 days in advance the concerned officers’ associations and their local representatives, the agency as well as the affected officers of their intention to close down.

O.C. 1218-96, s. 89.

90.Following an administrative reorganization in involving the closing of an employer, where there is no position available with another employer, the position of officer shall be eliminated by the original employer from the date of the closing in accordance with section 94 and the officer shall be transferred, from that date, to another employer who shall act temporarily as administrative fiduciary in order to allow the officer to benefit from the employment stability measures. In such case, the administrative fiduciary shall not be subject to sections 108 and 109. Afterwards, an officer may, upon agreement with another employer, be transferred to that employer, for the remaining reinstatement period.

O.C. 1218-96, s. 90.

§ 4. — Adaptation

91.The new employer shall determine and offer the adaptation activities which he deems necessary for the transferred officer covered by Subdivisions 1 and 2 of this section.

O.C. 1218-96, s. 91.

DIVISION 4

ADMINISTRATIVE REORGANIZATION INVOLVING ONLY ONE EMPLOYER

92.The employer shall notify in writing, at least 120 days in advance, the concerned officers’ association and its local representatives, the agency as well as the affected officers of his intention to carry out an administrative reorganization that could result in the elimination of one or more positions of officers. On this occasion, the concerned officers’ association may suggest to the employer some alternatives involving in particular the organization and sharing of the work.

O.C. 1218-96, s. 92.

93.During the period preceding the elimination of the position or positions, the employer shall consult with the officers concerned on the measures to be taken to reorganize the employer’s staff, including adaptation, training, promotion, transfer, demotion, career reorientation, substitution of an officer affected by the operation by an officer not affected by the operation, with the same employer or another employer, and departure from the sector. The employer shall also consult with the officers and their representatives on the adaptation measures required for the proposed reorganization.

During this period, the employer shall reinstate an officer in a position of officer or senior administrator that corresponds to his training and experience and that involves a weekly work load at least equal to that of the position previously occupied by the officer, taking into account the normal requirements of the position to be filled and of the reinstatement plan where it is available. The officer shall accept the offered position. If the officer refuses the position, the employer may lay him off.

An officer who is reinstated with his employer before the elimination of his position shall be entitled, from the date of his reinstatement, to the same advantages as an officer whose position has been eliminated and who has been reinstated with the same employer.

An officer who is reinstated with another employer before the date on which his position is eliminated shall be entitled, from the date of his reinstatement, to the same advantages as an officer who has been reinstated with another employer after the elimination of his position.

Reinstatement under the second or fourth paragraph of an officer who is disabled, on parental leave, on leave without pay or on deferred salary leave shall come into force only on the date on which the period of disability or leave ends. Even though the replacement of a disabled officer becomes effective only at the end of the disability period, such an officer’s progressive return to work may take place in the position in which he or she is reinstated.

During that period, the employer shall ensure that an officer who is not reinstated or covered by a reinstatement benefits from the professional career transition services pursuant to section 78. The employer shall reimburse to the officer the travelling and living expenses incurred by his participation in such activities with the external resource retained by the employer to provide them and his authorized employment search activities.

94.If an officer cannot be reinstated during that period, the employer shall notify him in writing of the elimination of his position. This notice shall be received by the officer at least 30 days before the date on which the position is eliminated. A copy of the notice shall be sent to the agency and the concerned officers’ association, if any.

Upon receiving the notice, the officer shall choose in writing, before the date of elimination of his position, one of the two following options:

(1) reinstatement within the sector as prescribed in Division 5 of this chapter;

(2) departure from the sector as prescribed in Division 6 of this chapter.

The officer’s choice shall come into force on the date of elimination of his position.

An officer who has failed to communicate his choice to his employer by the date on which his position is eliminated is deemed to have chosen reinstatement in the sector.

The employer shall inform the agency concerned of the choice made by the officer in accordance with the second and fourth paragraphs.

The choice of an officer who is disabled, on parental leave, on leave without pay or on deferred salary leave shall be made and come into force on the date on which the period of disability or leave ends. An officer whose position is eliminated during a period of disability shall continue to receive his salary insurance benefits as long as he is disabled.

The cumulative period during which an officer shall benefit from the employment stability measures referred to in second paragraph may not exceed 36 months.

O.C. 1218-96, s. 94; T.B. 196312, s. 60; M.O. 2015-003, s. 1.

DIVISION 5

REINSTATEMENT WITHIN THE SECTOR

§ 1. — General

95.An officer who elects the option of reinstatement within the sector shall retain his status of officer for a reinstatement period of a duration that may not exceed 36 months from the date of elimination of his position.

During the reinstatement period, with the authorization of his employer and, where applicable, of the other employer, an officer whose position has been abolished may replace an officer whose position has not been abolished, either with his employer or with another employer. In such a case, the officer whose position has not been abolished and who agrees to replace an officer whose position has been abolished shall benefit from the remaining portion of the reinstatement period.

During the reinstatement period, the employer shall maintain the officer’s salary and, subject to section 34.1, all his terms of employment as an officer, provided the officer does not refuse, without valid reason, to provide the services required by the employer in duties that take into account the officer’s training and experience and his reinstatement plan, if any. A part-time officer shall receive a salary proportional to the hours actually worked in the twelve months preceding the date on which his position is abolished. The salary paid to the officer cannot be less than the salary paid for the regular work load prescribed for his position.

During the reinstatement period, the officer shall take the vacation he accumulated during the previous reference period. On the date of the severance of the employment relationship, the original employer shall reimburse to the officer an amount equivalent to the accumulated annual vacation not taken.

During the reinstatement period, the officer shall retain all the benefits of the group insurance plans prescribed in Chapter 4. Any disability period of more that 3 weeks shall be excluded from the reinstatement period.

Any parental leave and leave without pay of an officer being reinstated shall be excluded from the reinstatement period.

Any period during which the services of the officer are loaned to another employer in the public and parapublic sectors shall be included in the reinstatement period for a period not exceeding 36 months, for the equivalent in time of the portion of the service loan period that is at the expense of the other employer.

At the end of the reinstatement period, an officer who has not been reinstated shall be laid off by his employer. At the request of the officer, his name shall be entered in the bank of reinstatement officers or on the recall list and he shall remain eligible for selection competitions for the appointment of officers and officers for a period of 24 months.

O.C. 1218-96, s. 95; T.B. 196312, s. 61; M.O. 2015-003, s. 2.

96.The employer shall facilitate the reinstatement of the officer who has elected reinstatement namely in determining the services required in accordance with the second paragraph of section 95 and by reimbursing to the officer the travelling and living expenses incurred by his participation in the professional career transition activities with the external resource retained by the employer to provide them and his authorized activities in search for employment with another employer including an employer outside the sector.

(1) participate in the professional career transition services to which his employer must provide access;

(2) within 3 months from the date on which his position is eliminated, prepare his reinstatement plan, with the help of the external resource retained by the employer to provide career transition services if necessary, and submit it for approval to his employer, which shall convey its decision to the officer within 20 days following receipt of the reinstatement plan; the officer may modify his reinstatement plan, with the employer’s agreement. If the employer fails to convey its response by the end of this period, the plan is automatically accepted, unless the employer notifies the officer that it is impossible to make a decision, and that the period will have to be extended to no more than 40 days. The notice shall be notified in writing and shall include reasons for the extension. A copy of the reinstatement plan shall be forwarded by the employer to the agency within 10 days following its acceptance;

(3) commit to search for a position where he can be reinstated and accept, to that effect, the assistance of the external resource retained by the employer to provide career transition services.

98.A reinstatement plan may, namely, be aimed at the principal potential employment fields within the sector and outside the sector and comprise training sessions, study sessions, development activities, assistance programmes and loans of service, as well as the activities to be undertaken by the officer to find a new position for himself. An officer is not obliged to include in his reinstatement plan reinstatement in a position of union member or unionizable non-member.

A loan of service shall take into account the training and experience of the officer as well as his prospective reinstatement. An officer may refuse a loan of service offered by his employer if the location where he is to perform the service is not located within 50 km by road from his home base and his residence.

Where an officer chooses reinstatement in a position of union member or unionizable non-member, he shall:

(1) enter his name on the recall list or on the reserve list and apply on any position of union member or unionizable non-member for which his training and experience correspond to the normal requirements of the position, provided that the position involves a weekly work load which is at least equal to that of the position he previously held;

(2) make himself available to work and accept any assignation or service loan offered by his employer in accordance with the second paragraph. Such assignation shall take into account the training and experience of the officer as well as the requirements of his reinstatement plan.

100.An officer who has chosen reinstatement within the sector may, upon authorization from his employer and in accordance with his reinstatement plan, obtain one or more leaves without pay. The employer may not refuse to grant such leave without pay without valid reason. The total duration of the leaves shall not exceed 36 months. Such leave without pay is included in the reinstatement period. During his leave without pay, the officer may continue to participate in the group insurance plans in accordance with section 33.

O.C. 1218-96, s. 100; M.O. 2015-003, s. 4.

101.An officer who is proposed by his original employer to an employer in his administrative region or to an employer of another administrative region located less than 50 km by road from the original employer’s head office or from his home base shall attend the selection interview.

O.C. 1218-96, s. 101.

102.An officer who has chosen reinstatement within the sector may change his initial choice and elect for departure from the sector as stipulated in Division 6 of this chapter. In such a case, the stipulated end-of-engagement indemnity and amount for pre-retirement leave shall not be reduced if the change of choice is made before the officer has received 12 months of salary from his original employer since the date on which he was placed on reserve. If the change of choice is made after such time, the end-of-engagement indemnity and amount for pre-retirement leave shall be reduced proportionally to the salary received over and above the 12-month period.

The change of choice shall be conveyed to the agency concerned by the officer’s employer.

O.C. 1218-96, s. 102; T.B. 196312, s. 63.

103.The employer may, after having heard the officer and, upon his request, his representative, put an end to the employment stability measures of an officer who has chosen reinstatement within the sector when the officer, without valid reason, refuses:

(1) to participate in the professional career transition services as prescribed in subparagraph 1 of section 97;

(2) to establish his reinstatement plan as prescribed in subparagraph 2 of section 97 or fails to adhere to it;

(3) to provide the services requested by the employer as provided for in the third paragraph of section 95;

(4) a loan of service offered by his employer as prescribed in the first and second paragraphs of section 98;

(5) to enter his name on the recall list or on the reserve list, to apply for any position of union member or unionizable non-member for which his training and experience correspond to the normal requirements of the position or to make himself available to work in accordance with the third paragraph of section 98;

(6) to commit to the search for a position, to attend the selection interview prescribed in section 101 or to accept, within 15 days of the offer, a position offered in accordance with the provisions of sections 93, 108 and 110.

An employer who puts an end to the employment stability measures of an officer pursuant to the first paragraph shall inform the agency concerned.

104.An officer who is reinstated pursuant to sections 93, 108 and 110 is governed by the terms of employment prescribed for his new position, subject to section 32. His salary shall be established in accordance with the salary provisions applicable to the position in which he is reinstated.

O.C. 1218-96, s. 104; T.B. 196312, s. 65.

104.1.An officer whose salary is reduced following reinstatement in a position in a lower salary class or with a lower salary scale, with no reduction in his weekly work load, shall receive the full difference between the salary he was receiving on the date of reinstatement and the salary paid to him in his new position, in the form of lump sum payments, up to the end of the 3-year period following the date on which his position was eliminated. If the officer’s reinstatement period is interrupted by disability, a service loan, parental leave, leave without pay or a trial period following reinstatement, as provided for in sections 95 and 100, and the staggered reinstatement period provided for in section 99, the end of the 3-year period following the date on which his position is eliminated shall be postponed accordingly, up to a maximum of six years after the date of elimination of the position. However, in the case of a disabled officer, the end of the period shall be postponed by a period equal to the period of disability.

During the period contemplated in the first paragraph, the total of the officer’s salary and lump sum payment shall not be less than the salary he would have received if he had remained in the reinstated position. For the first year following that period, the lump sum paid to the reinstated officer shall equal two-thirds of the difference between the salary he would have received at the end of the 3-year period had he not been reinstated, and the salary for the position in which he was reinstated. The same applies for the second year following the 3-year period, except that the lump sum shall equal one-third of the difference.

T.B. 196312, s. 65.

104.2.An officer who, in the first 18 months of reinstatement, obtains or is reinstated in a position involving a weekly work load that is less than that of his original position, shall receive the salary of the new position proportionally to the worked in that position.

If the salary of an officer contemplated in the first paragraph is reduced because the officer is reinstated in position in a lower salary class or having a lower salary scale, the difference in salary attributable to that reduction shall be paid to the officer proportionally to the number of hours worked in the new position, in accordance with the terms and conditions set out in section 104.1.

T.B. 196312, s. 65.

104.3.A reinstated officer who has not obtained a position pursuant to section 108 or section 110 after a reinstatement period of 18 months may obtain or be reinstated in a position involving a weekly work load that is less than that of the position he previously held. The reinstatement may be with his employer or with another employer, in a position of officer, union member or unionizable non-member, on the following conditions:

(1) An agreement is entered into by the officer and his employer if the reinstatement takes place with the original employer, or by the officer, his employer and the new employer if the reinstatement takes place with another employer. The agreement shall stipulate that the officer, for the remaining portion of his reinstatement period, shall not refuse without valid reason to provide the services requested by his original employer or his new employer, on the conditions stipulated in the third paragraph of section 95, for a number of hours corresponding to the number of hours in his original position, less the number of hours in his new position;

(2) an officer who is reinstated with his original employer is required to apply for every position of officer, union member or unionizable non-member corresponding to his training and experience and involving a weekly work load that is at least equal to that of his original position. The officer must accept the position offered if it is a position of officer or, if it is a position of union member or unionizable non-member, he must accept it if reinstatement into such a position was provided for in his initial reinstatement plan, in accordance with subparagraph 2 of section 97.

An officer reinstated in this way shall receive, in the form of lump sum payments, the full difference between the salary he was receiving on the date of reinstatement and the salary paid to him in his new position. The lump sum payments shall be made in accordance with the terms and conditions set out in section 104.1.

T.B. 196312, s. 65.

104.4.An officer contemplated in section 104.3 who, after a period of 18 months of reinstatement, obtains or is reinstated to a position with a lower weekly work load than his original position, with or without a reduction in his salary class, and who elects not to enter into an agreement in accordance with subparagraphs 1 and 2, shall benefit from the terms and conditions set out in section 104.2.

T.B. 196312, s. 65.

§ 1.2. — Miscellaneous provisions

T.B. 196312, s. 66.

105.An officer who is reinstated in a position of union member or unionizable non-member:

(1) may continue to benefit from the group insurance plans in accordance with section 32;

(2) shall maintain his sick-leave fund and may use it according to the provisions of Division 8 of Chapter 4;

(3) (paragraph revoked);

(3) (paragraph revoked).

O.C. 1218-96, s. 105; T.B. 196312, s. 66; M.O. 2007-007, s. 8.

106.An officer who is reinstated in a position located more than 50 km by road from his home base and his residence is entitled to the reimbursement, from his original employer, of his or her moving expenses and temporary moving-in expenses; these expenses are the same as those prescribed in the Directive concernant l’ensemble des conditions de travail des cadres (C.T. 208914, 2010-04-20), and its amendments for the public sector, with the necessary modifications.

O.C. 1218-96, s. 106; M.O. 2011-019, s. 26.

107.The employer shall determine and offer the adaptation activities which he deems necessary for the reinstated officer.

O.C. 1218-96, s. 107.

§ 2. — Reinstatement with the same employer

108.The employer shall reinstate an officer who has chosen reinstatement in a position of officer, senior administrator, union member or unionizable non-member that corresponds to his training and experience and involves a weekly work load at least equal to that of the position he previously held, taking into account the normal requirements of the position to be filled and his reinstatement plan if available. The officer must accept the position offered if it is a position of officer, or if it is a position of union member or unionizable non-member, he must accept it if reinstatement into such a position is provided for in his reinstatement plan.

The employer shall inform the appropriate agency of the reinstatement of an officer whose position had been abolished, and of the conditions of the reinstatement.

O.C. 1218-96, s. 108; T.B. 196312, s. 67.

109.The employer may return to reinstatement an officer who has been reinstated, in accordance with section 108, to a position of officer or senior administrator in a class higher than the class of the position which he held before his reinstatement if, during the period of 6 months following the reinstatement, the employer realizes that it is not expedient to retain the services of the officer in that position. There shall be no appeal against this judgment of expediency under this Regulation. The period where the officer was replaced shall be excluded from the reinstatement period.

O.C. 1218-96, s. 109.

§ 3. — Reinstatement with another employer

110.An officer who has chosen the reinstatement option may find himself a job with another employer in a position of officer, senior administrator, union member or unionizable non-member that corresponds to his training and experience and involves a weekly work load at least equal to that of the position he previously held, taking into account the normal requirements of the position to be filled and his reinstatement plan if available. The officer must accept the position offered if it is a position of officer, or if it is a position of union member or unionizable non-member, he must accept it if reinstatement into such a position is provided for in his reinstatement plan.

The original employer of the officer who finds another job shall inform the appropriate agency of the officer’s reinstatement and of the conditions applicable thereto.

O.C. 1218-96, s. 110; T.B. 196312, s. 68.

111.An officer who is reinstated with another employer shall be subject to a trial period not exceeding 12 months. During the trial period, he shall maintain his employment relationship with his original employer.

An officer who is reinstated into a position of union member or unionizable non-member shall maintain his employment relationship with his original employer until he acquires job security in his new position or, where applicable, in another position of union member or unionizable non-member.

O.C. 1218-96, s. 111; T.B. 196312, s. 69.

112.Where, during the trial period, the new employer no longer considers it expedient to retain the services of the officer, the original employer shall reinstate him and apply the salary and term of employment to which the officer was entitled before his reinstatement, until the expiry of the remaining reinstatement period. The time spent with the new employer shall be excluded from the officer’s reinstatement period. There shall be no appeal against the decision made by the new employer under this Regulation.

O.C. 1218-96, s. 112.

113.The original employer shall dispose of the officer’s sick-leave fund in accordance with the provisions of Division 8 of Chapter 4, after the trial period has been completed with the new employer.

O.C. 1218-96, s. 113.

114.An officer who, during his reinstatement period, is reinstated with another employer located more than 150 km from the head office of his original employer, from his home base and from his residence, shall receive a mobility allowance from his original employer equivalent to three months of the salary he was receiving on the date of reinstatement. The officer shall ask for payment of this bonus at the end of his trial period.

O.C. 1218-96, s. 114; T.B. 196312, s. 70.

DIVISION 6

DEPARTURE FROM THE SECTOR

§ 1. — General

115.An officer who has chosen the departure from the sector may elect one of the following measures:

(1) an end-of-engagement indemnity;

(2) a pre-retirement leave and retirement, if he is at least 50 years of age.

O.C. 1218-96, s. 115.

§ 2. — End-of-engagement indemnity

116.An officer who has chosen an end-of-engagement indemnity shall receive an indemnity equivalent to 4 months of salary per year of continuous service, including service as a union member or unionizable non-member, with one or several employers in the public or parapublic sectors. However, the minimum amount of the indemnity shall be 6 months’ salary and the maximum shall be 12 months’ salary. The indemnity is calculated on the basis of the salary the officer was receiving on the date on which his position was eliminated or the date on which he changed his choice. A part-time officer shall receive an indemnity proportional to the hours worked in the last 12 months preceding the date on which his position was eliminated. However, the indemnity cannot be less than the salary paid for the regular work load prescribed for his position.

Where the officer has changed his choice, the end-of-engagement indemnity is reduced in accordance with section 102.

Notwithstanding section 3, for the application of the first paragraph, the notion of parapublic sector includes the Department of Health and Social Services, health and social services agencies, the Comité patronal de négociation du secteur de la santé et des services sociaux, the Secrétariat général du secteur de la santé et des services sociaux and the associations of senior administrators, of officers and of institutions of the sector.

118.Where an officer has chosen the end-of-engagement indemnity, the employment relationship between the officer and his employer shall be severed on the date on which the position is eliminated or, if such is the case, on the date on which the officer changes his choice. The officer shall then cease to contribute to his retirement plan and to be entitled to the group insurance plans.

O.C. 1218-96, s. 118.

119.To be entitled to an end-of-employment indemnity, an officer shall commit, in writing, not to hold a position of officer, senior administrator, union member or unionizable non-member in the public and parapublic sectors for a period twice as long as the duration to which corresponds the end-of-engagement received, starting from the date on which his position was eliminated or the date on which he changed his choice.

An officer may not receive remuneration from the Régie de l’assurance maladie du Québec for a period twice as long to which corresponds the end-of-engagement, starting from the date on which his position was eliminated or the date on which he changed his choice.

O.C. 1218-96, s. 119.

119.1.Notwithstanding section 119, an officer who is appointed to more than one officer position with the same employer or with different employers may continue to hold the other positions while benefiting from the end-of-engagement indemnity for the position that the officer is leaving.

In such a case, the indemnity shall be paid monthly by the employer or in accordance with the conditions of the pay-roll system, from the date on which the position is eliminated.

During the period in which an officer receives the indemnity, the employer that eliminated the position shall, upon presentation of supporting documents, adjust the amount of the end-of-engagement indemnity if one of the following circumstances occurs:

— an officer holds a new job in the public or parapublic sector for which the number of hours corresponds in part or in full to the number of hours of the position for which the indemnity is paid;

— the number of hours for the other positions the officer held when the position was eliminated is increased.

The modified amount of the end-of-engagement indemnity is equal to the difference between the officer’s new salary and his or her salary when the position was eliminated, up to the total amount of the end-of-engagement indemnity or until the new salary has reached or exceeded the salary he was receiving on the date of his departure.

Payment of the end-of-engagement indemnity shall cease if an officer refuses an increase in regular working hours in one of the other positions he or she held when the position was eliminated.

M.O. 2011-019, s. 27; M.O. 2015-003, s. 6.

120.The end-of-engagement indemnity shall be paid in the following ways and in the following order:

(1) A retirement allowance corresponding to the maximum amount that may be transferred into a retirement instrument under the applicable tax legislation, and taking into account any sick days that qualify under this heading. The allowance is payable no later than 30 days after the officer’s departure;

(2) A mandatory contribution by the employer to the officer’s retirement plan, to compensate for the actuarial reduction applicable to the officer when he becomes eligible for his retirement pension with such a reduction. If the employer’s contribution does not compensate fully for the actuarial reduction, the officer may use the amount of the retirement allowance described in subparagraph 1 as full or partial compensation. Such compensation is valid as long as the retirement plan provides therefor;

(3) An additional retirement allowance, for the amount by which the end-of-engagement indemnity exceeds both the transferable retirement allowance and the employer’s contribution, payable to the officer in 2 equal instalments, the first in the 30 days following the officer’s departure and the second on 15 January of the following year. However, the employer may agree with the officer to pay the whole of the additional retirement allowance no later than 30 days following his departure.

O.C. 1218-96, s. 120; O.C. 926-97, s. 12; T.B. 196312, s. 72.

§ 3. — Retirement leave and retirement

121.An officer who has chosen retirement preceded by a pre-retirement leave may delay the coming into force of the pre-retirement leave for 12 months at the most. In such case, the employer establishes with the officer a plan of use with his employer or with another organization.

O.C. 1218-96, s. 121.

122.An officer who has chosen pre-retirement leave, with, in some cases an end-of-engagement indemnity at the moment of the retirement, may not hold another position in the public and parapublic sectors. If he does so, his pre-retirement leave shall come to an end. Moreover, the officer shall commit in writing not to hold another position in the public and parapublic sectors during the 24 months following the date on which his retirement comes into force.

Notwithstanding the foregoing, an officer holding more than one officer position may hold the other positions while on pre-retirement leave, the duration of which is established in proportion to the hours normally worked in the eliminated position. In such a case, sections 123 to 128 shall apply, with the necessary modifications.

O.C. 1218-96, s. 122; M.O. 2011-019, s. 28.

123.The pre-retirement leave shall begin on the date on which the officer’s position is eliminated, on the date determined by the application of section 121 or on the date of his change of choice in accordance with section 102 and shall end on the date on which he chooses to retire in accordance with his retirement plan. The officer shall choose the date of his retirement and, consequently, the duration of his pre-retirement leave.

O.C. 1218-96, s. 123.

124.The total amount to be paid, that is the sum of the salary paid during his pre-retirement leave and the amount paid in end-of-engagement indemnity, at the time of his retirement, to the officer who has chosen departure from the sector, shall be equivalent to 12 months of the salary he was receiving on the date on which his position was eliminated, adjusted if applicable. A part-time officer shall benefit from the same conditions proportionally to the hours worked during the 12 months preceding the date on which his position is eliminated. However, the amount paid cannot be less than the salary paid for the regular work load prescribed for that position. If an officer chooses pre-retirement leave and retirement, after spending time in reinstatement, the total amount paid shall be reduced in accordance with section 102.

The end-of-engagement indemnity prescribed in the first paragraph shall be paid in accordance with the criteria and conditions prescribed in section 120.

The combination of the amount prescribed in the first paragraph of this section and of the amount prescribed in section 121 that is equivalent to a maximum of 12 months of salary shall not be higher than the equivalent of 24 months of the officer’s salary at the date of the elimination of his position, adjusted if applicable.

125.During the staggered pre-retirement leave, the officer’s salary is established as follows:

the amount to which the officer is entitledthe salary the officer under section 124was receiving on the date expressed in monthson which his position was X ________________________eliminated, adjustedif such is the case the duration in months of his pre-retirement leave

This salary shall not be higher than the eventually adjusted salary which he was receiving at the time of elimination of his position or on the date of his change of choice.

Where the total amount to which the officer is entitled is higher than the adjusted salary paid to him during his pre-retirement leave, the difference shall be paid to the officer as an end-of-engagement indemnity on the date of his retirement.

The staggered pre-retirement leave may not exceed 36 months. Where applicable, it shall be reduced by any reinstatement period and any pre-retirement leave deferral period.

O.C. 1218-96, s. 125; M.O. 2015-003, s. 8.

126.An officer who has chosen to stagger his pre-retirement leave shall be deemed to be on leave without pay for the portion of his pre-retirement leave that is not paid.

O.C. 1218-96, s. 126.

127.During his pre-retirement leave, an officer shall continue to participate in the retirement plans and in the group insurance plans in accordance with Chapter 4 and section 128.1, proportionally to the monthly adjusted salary paid to him. For the portion of his leave without pay, the applicable provisions of the retirement plans and of the group insurance plans shall apply.

O.C. 1218-96, s. 127.

128.On the conditions prescribed in subparagraph 3 of section 75, the sick-leave fund may be used to add to the amount of adjusted salary prescribed in section 125.

The balance of cashable leave days at the end of the pre-retirement leave, in any, shall be paid in the conditions prescribed in subparagraph 4 of section 75.

An officer who becomes disabled during the 12 months preceding the pre-retirement leave shall receive the salary to which he or she would have been entitled had he or she been at work. In such a case, the officer’s disability shall not have the effect of delaying the date on which the officer’s pre-retirement begins in accordance with section 121.

129.The decision to dismiss, not to renew the engagement of or to terminate the engagement of an officer, to suspend him without pay or to demote him must be made by the board of directors in the case of a senior officer or by the executive director in the case of an intermediate officer.

O.C. 1218-96, s. 129; T.B. 196312, s. 75.

129.1.At least 15 days before the date of the meeting, the employer shall notify the senior officer, in writing, that the subject of the senior officer’s dismissal, non-renewal of engagement, termination of engagement, suspension without pay or demotion has been entered on the agenda of a meeting of the board of directors for consideration.

At the same time as the written notice mentioned in the first paragraph, the employer shall provide the senior officer with a written copy of his evaluation together with the reasons for his dismissal, non-renewal of engagement, termination of engagement, suspension without pay or demotion.

The senior officer may express his views and make representations through the Association des cadres supérieurs de la santé et des services sociaux, at the meeting of the board of directors.

T.B. 196312, s. 75.

129.2.In the case of an intermediate officer, the employer shall notify the officer in writing that it intends to recommend the officer’s dismissal, non-renewal of employment, termination of engagement, suspension without pay or demotion. A period of 15 days must elapse between the notice and the decision of the executive director to dismiss the intermediate officer, not to renew his engagement or terminate his engagement.

Upon receipt of the notice mentioned in the first paragraph, the intermediate officer may ask his employer, in writing, to provide a copy of his evaluation together with the reasons justifying the notice. The employer shall provide the officer with this information in writing within 5 days of receipt of the request.

During the period stipulated in the first paragraph, the intermediate officer may express his views and make representations to the executive director, through his association.

T.B. 196312, s. 75.

129.3.The decision to dismiss an officer, not to renew his engagement, to terminate his employment, to suspend him without pay or to demote him, made pursuant to section 129, shall be communicated to the officer in a written notice.

T.B. 196312, s. 75.

129.4.The notice concerning the decision not to renew the engagement of an officer or to terminate his engagement must be sent to the officer at least 60 days before the end of his employment.

In the case of a dismissal, the date of the end of his employment shall be the date on which the officer receives the notice sent pursuant to section 129.3.

T.B. 196312, s. 75.

DIVISION 2

SEVERANCE PAY

T.B. 196312, s. 75.

129.5.To terminate an engagement, an employer may pay severance pay to an officer who has completed his probation period, provided the officer has renounced all right of recourse in writing.

T.B. 196312, s. 75.

129.6.When the employer pays a severance pay under section 129.5, it must be equal to 1 month of salary per year of continuous service as senior administrator, officer, a union member or unionizable non-member with one or several employers in the public and parapublic sectors, in an association of senior administrators, officers or institutions. This allowance shall be paid by the employer in accordance with the conditions of the payroll system or monthly. In no case shall it exceed 12 months of salary.

A part-time officer shall receive the severance pay established in the first paragraph proportionally to the hours worked in the last 12 months preceding his departure. However, the amount paid shall not be less than the regular work load prescribed for his position.

Severance pay shall be paid monthly by the employer or in accordance with the conditions of the payroll system, from the date of the officer’s departure. It shall cease when the officer obtains another position in the public or parapublic sector with a monthly salary equal to or in excess of the severance pay for the same period. It shall also cease when the officer begins to receive remuneration from the Régie de l’assurance maladie du Québec that is equal to or in excess of the severance pay for the same period.

T.B. 196312, s. 75; M.O. 2011-019, s. 30.

129.7.Where an officer obtains employment in the public or parapublic sector before he has received all the severance pay stipulated in section 129.6, and is paid a salary that is less than the salary he was receiving on the date of his departure, the original employer, upon presentation of vouchers, shall periodically pay him the difference between the 2 salaries, up to the total amount of severance pay, or until the officer’s new salary is equal to or in excess of the salary he was receiving on the date of his departure.

Where an officer receives remuneration from the Régie de l’assurance maladie du Québec before he has received all the severance pay stipulated in section 129.6, and where the said remuneration is less than the salary he was receiving on the date of his departure, the original employer, upon presentation of vouchers, shall periodically pay him the difference between his salary and the remuneration, up to the total amount of severance pay or until his new remuneration is equal to or in excess of the salary he was receiving on the date of his departure, whichever occurs first.

T.B. 196312, s. 75.

129.8.The severance pay shall be the subject of a resolution by the employer’s board of directors.

T.B. 196312, s. 75.

129.9.An officer who receives severance pay may choose to replace it with paid leave. The duration of the leave shall be the number of months obtained by applying the first paragraph of section 129.6. The paid leave shall cease if the officer obtains another position in the public or parapublic sector. In such a case, sections 129.6 and 129.7 shall apply.

During the paid leave, the officer shall maintain his status as an officer. Vacation time accumulated during the leave is deemed to have been taken. The officer shall not benefit from the salary insurance plans. If the officer becomes disabled during this period, he shall continue to receive the salary corresponding to the severance pay to which he would have been entitled, until such severance pay runs out or until he obtains another position.

T.B. 196312, s. 75.

129.10.At an officer’s request, the employer may provide access to career transition services to an officer who benefits from a severance pay under section 129.5. These career transition services, the duration of which is determined by the employer, shall be of a minimum duration of 3 months and a maximum duration of 6 months.

M.O. 2011-019, s. 31.

CHAPTER 6

APPEAL PROCEDURES

T.B. 196312, s. 75.

DIVISION 1

DISAGREEMENTS

T.B. 196312, s. 75.

130.Any disagreement between an officer and his employer resulting from the interpretation or application of the provisions of this Regulation, except for those of Chapter 5.1 concerning end-of-engagement measures, shall be submitted to an arbitrator.

Notwithstanding the first paragraph, an officer who ceases to work for the employer without having received payment of all the amounts owed to him or her, including, if applicable, the severance pay provided for in Division 2 of Chapter 5.1, may claim these amounts by following the procedure set out in this Division.

O.C. 1218-96, s. 130; T.B. 196312, s. 75; M.O. 2011-019, s. 32.

130.1.The officer shall submit a written notice of disagreement to his immediate superior within 30 days of becoming aware of the fact and within 6 months of the occurrence of the fact giving rise to the disagreement.

The employer and the officer shall meet within 30 days of receipt of the notice of disagreement, to discuss the disagreement and, if possible, to reach an agreement. At the meeting, the officer may be accompanied by a representative of his association.

If the disagreement persists at the end of the 30-day period, the officer shall, in the next 20 days, notify his employer in writing that he intends to submit the disagreement to an arbitrator.

T.B. 196312, s. 75.

130.2.The request for arbitration must contain full information about the officer’s position, the name of his representative, unless he has elected to represent himself, the nature of the disagreement and all related documentation. A copy of the request for arbitration shall be sent to the Minister.

The employer shall provide the officer with copies of the documents required to present the request for arbitration and to ensure his defence, subject to the obligations and powers conferred on public bodies by the Act respecting Access to documents held by public bodies and the Protection of personal information (chapter A-2.1). A request for arbitration shall not be invalid for the sole reason that it does not contain all the necessary information.

Within 10 days following receipt of the request for arbitration, the employer shall provide the officer’s representative with the name of its own representative, in writing. The name shall be given to the officer if he has no representative.

At the end of this period, the parties have 15 days to agree upon the choice of an arbitrator from the list drawn up in accordance with section 130.22.

If the parties are unable to agree on the choice of an arbitrator, or if the arbitrators whose names appear on the list are not available, one of the parties shall ask the Minister, in writing, to appoint an arbitrator. The request shall contain a copy of the request for arbitration originally made by the officer, together with the name of the officer’s representative and the name of the employer’s representative.

Within 30 days following receipt of the request, the Minister shall appoint an arbitrator from the list prepared in accordance with section 130.22 to hear the disagreement, and shall inform the parties in writing.

T.B. 196312, s. 75.

130.3.The arbitrator shall determine the procedure for the hearing, taking into account the established principles of natural justice and the exercise of the powers stipulated in Division III of Chapter IV of the Labour Code (chapter C-27), subject to the provisions of this chapter.

Notwithstanding section 100.6 of the Labour Code, the Minister cannot be called by subpoena as a witness. The Minister may intervene at any time of his or her own motion in any disagreement.

The arbitrator shall notify the parties at least 10 days before the date of the first hearing.

If the duly summoned representative of a party is not present, the arbitrator may evertheless proceed with the hearing.

The arbitrator shall ensure that the request for arbitration was made within the prescribed time frame, shall check that the steps taken by the employer in the decision-making process were in conformity with the law and this Regulation, and shall judge the admissibility and nature of the disagreement.

The arbitrator shall receive the observations of the parties and take the disagreement under advisement. Where applicable, each party shall send a written copy of its observations to the other party.

T.B. 196312, s. 75; M.O. 2013-006, s. 7; I.N. 2016-01-01 (NCCP).

130.4.The arbitrator shall analyze the disagreement and decide whether or not the employer’s decision is consistent with the Act and this Regulation.

The arbitrator must render his decision in writing, giving reasons, and sign it, within 30 days following the date of the end of the hearings. This period may be extended with the prior agreement in writing of the parties. The decision shall not be invalid solely by reason of being made after the stipulated period.

The arbitrator shall send a copy of his decision to the parties and to the Minister.

An officer who withdraws his disagreement, in particular when an agreement is reached before the arbitrator renders a decision, shall inform his employer and the arbitrator in writing.

If the arbitrator considers that the employer’s decision is consistent with the Act and with this Regulation, he shall maintain it.

If the arbitrator considers that the employer’s decision is not consistent with the provisions of the Act and of this Regulation, he shall render his decision by exercising the powers stipulated in the first paragraph of section 130.3.

In no case shall the arbitrator’s decision have the effect of amending, adding to or subtracting from the provisions of the Act and of this Regulation.

T.B. 196312, s. 75.

130.5.The decision of the arbitrator is final and enforceable, and shall be binding upon the officer and the employer.

130.6.An officer who has completed his probation period with an employer, or an officer on parental leave or disability leave, shall make a written complaint to his employer in the case of dismissal, non-renewal of engagement, termination of engagement, suspension without pay or demotion, if he believes the decision was not made in accordance with the provisions of sections 129 to 129.5, or if he contests the validity of the decision. However, there is no appeal from the layoff of an officer following termination of the employment relationship as a result of a decision made by the employer pursuant to Chapter 5.

The complaint must reach the employer or be mailed no later than 45 days after receipt of the notice stipulated in 129.4 or the date of the end of employment, whichever is later. The officer shall also send a copy of the complaint within the same period to the officers’ association of which he is a member.

An arbitrator shall be appointed in accordance with the procedure stipulated in section 130.2. The arbitrator shall proceed in accordance with section 130.3.

T.B. 196312, s. 75.

130.7.The arbitrator shall decide the validity of the employer’s decision and its just and sufficient nature. He shall render his decision with 30 days following the date of the end of the hearings. This period may be extended with the prior written agreement of the representatives or, if not, with the prior written agreement of the officer and the employer. The decision shall not be invalid solely because it was made after this period.

130.9.The arbitrator shall send a copy of his decision to the officer, the employer, their representatives and the Minister.

T.B. 196312, s. 75.

130.10.The decision is enforceable and cannot be appealed. It shall be binding upon the officer and the employer.

The decision of the arbitrator shall be homologated by the Superior Court at the request of the officer or of the employer, at the expense of the employer.

T.B. 196312, s. 75.

130.11.Following a complaint submitted by an officer, the arbitrator shall decide to maintain the decision of the employer if he considers it to be justified. In the case of a suspension without pay, an arbitrator who maintains the employer’s decision may change the duration of the suspension.

T.B. 196312, s. 75.

130.12.Following a complaint submitted by an officer concerning a dismissal, non-renewal of engagement or termination of engagement with severance of the contractual employment relationship, the arbitrator, if he considers the employer’s decision to be unjustified, shall establish compensation for the loss of salary suffered by the officer. When calculating the amount of the compensation, the arbitrator shall take into account any salary or benefit received by the officer since the date on which his employment terminated.

He shall also order the employer and the officer to agree on a solution to dispose of the dispute, within 30 days following the date of his decision. The agreement may provide for:

(1) reintegration of the officer in his position or in another position corresponding to his training and work experience, taking into account the requirements of the position to be filled;

(2) damages, which may be for an amount equal to three to 12 months of salary for the officer. In such a case the officer shall benefit from the career transition services available to officers who have elected for reinstatement in accordance with section 94, for a period of 36 months;

(3) the application of the employment stability measures prescribed for administrative reorganizations, in accordance with Chapter 5.

A copy of the agreement shall be sent to the arbitrator and to the Minister, not later than 5 days after the end of the period mentioned in the second paragraph.

T.B. 196312, s. 75; M.O. 2007-007, s. 10.

130.13.If no agreement has been reached at the end of the period mentioned in the second paragraph of section 130.13, the employer and the officer shall submit to the arbitrator, within 10 days following the end of that period, their positions and arguments concerning the reinstatement of the officer, the damages described in subparagraph 2 of the second paragraph of section 130.12 and the application to the officer of the employment stability measures for administrative reorganizations.

T.B. 196312, s. 75.

130.14.After studying the arguments of the employer and the officer, the arbitrator shall order the employer to apply one of the following measures:

(1) reintegration of the officer from the date of the order mentioned in the second paragraph of section 130.12. The employer must then reintegrate the officer in his position or in any other position corresponding to his training and work experience, taking into account the requirements of the position to be filled;

(2) payment to the officer of damages calculated by the arbitrator, taking into account the prejudice suffered by the officer. The amount of the damages shall be equal to between three and 12 months of salary for the officer. In addition, the officer, for reinstatement purposes, shall benefit from the career transition services available to officers who have elected for reinstatement in accordance with section 94, for a period of 36 months from the date of the arbitrator’s order contemplated in this section;

(3) the application of the employment stability measures stipulated for administrative reorganizations, in accordance with Chapter 5.

T.B. 196312, s. 75; M.O. 2007-007, s. 11.

130.15.Following a complaint submitted by a senior officer who has been transferred to a position of intermediate officer without elimination of the position originally occupied by him, the arbitrator, if he considers the decision of the employer to be unjustified, shall order the employer to reintegrate the officer into his position, with compensation for the loss of salary suffered.

T.B. 196312, s. 75.

130.16.Following a complaint submitted by an officer whose weekly work load has been reduced, the arbitrator, if he considers the decision of the employer to be unjustified, shall order the employer to apply the following measure maintenance of the officer’s weekly work load with compensation for the loss of salary suffered, from the date on which the benefit was reduced.

T.B. 196312, s. 75.

130.17.Following a complaint submitted by an officer who has been suspended without pay or demoted, the arbitrator, if he considers the decision of the employer to be unjustified, shall order the employer to apply the following measure: reintegration of the officer into his position, with compensation for the loss of salary suffered.

T.B. 196312, s. 75.

130.18.The compensations and damages payable to an officer as a result of an arbitrator’s decision shall be paid in their entirety by the employer concerned, within 30 days following the arbitrator’s decision.

T.B. 196312, s. 75.

130.19.An officer who withdraws his complaint shall notify his employer in writing and shall send a copy of the notice to the arbitrator and to his association.

T.B. 196312, s. 75.

130.20.Where an agreement is reached before the arbitrator renders his decision, it shall be the subject of a resolution by the employer’s board of directors. Copies of the resolution and of the agreement must be sent to the arbitrator within 15 days following the adoption of the resolution. The agreement must contain a clause withdrawing the complaint and a renunciation by the officer of all other recourses. The benefits granted under such an agreement shall in no case be equivalent to less than 3 months or more than 12 months of salary for the officer.

T.B. 196312, s. 75.

130.21.An officer who submits a complaint for dismissal, non-renewal of engagement or termination of engagement shall maintain his participation in the collective insurance plans, in accordance with section 34.2.

T.B. 196312, s. 75.

DIVISION 3

LISTS OF ARBITRATORS, EXPERT PHYSICIANS AND ARBITRATION FEES

T.B. 196312, s. 75.

130.22.Two lists containing the names of arbitrators, one for senior officers and one for intermediate officers, shall be drawn up by the Minister with the employers’ associations and officers’ associations concerned. The list established for intermediate officers shall contain a list of expert physicians for the purposes of the medical arbitration procedure provided for in section 46.1.

The signatories of the list for senior officers shall be the Minister, the employers’ associations and the Association des cadres supérieurs de la santé et des services sociaux.

The signatories of the list for intermediate officers shall be the Minister, the employers’ associations, the Association des gestionnaires des établissements de santé et de services sociaux and the APER santé et services sociaux.

T.B. 196312, s. 75; M.O. 2006-018, s. 14.

130.23.The lists provided for in section 130.22 may be updated on 1 April of each year, at the request of one of the signatories. All the signatories concerned must consent to the modifications.

T.B. 196312, s. 75.

130.24.Each party shall pay its own expenses. In cases covered by Division 1 of this chapter, the arbitrator’s fees and expenses shall be paid by the losing party or the party that withdraws. Where an agreement is reached before the arbitrator renders his decision, the agreement must provide for the arbitrator’s fees and expenses to be divided between the parties. It must contain a clause withdrawing the complaint and a renunciation of any other recourse by the officer. Where the arbitrator considers his decision to be divided, he shall establish the proportion of his fees and expenses to be paid by each of the parties. In cases covered by Division 2 of this chapter, the arbitrator’s fees and expenses shall be paid by the employer.

(1) the Regulation respecting certain conditions of employment of officers of regional councils and of health and social services establishments (O.C. 988-91, 91-07-10), except to the extent that they apply to the territory of the Cree Board of Health and Social Services of James Bay;

(2) the Regulation respecting pre-retirement leave and the retirement indemnity applicable to officers of regional boards and health and social services institutions (O.C. 784-93, 93-06-02);

(3) the Regulation respecting the severance pay applicable to officers of regional boards and health and social services institutions (O.C. 1506-93, 93-10-27);

(4) Chapter 2 and section 49 of the Regulation respecting group insurance plans and the terms and conditions of application of the deferred salary leave plan applicable to the management personnel of regional boards and of health and social services institutions (O.C. 428-94, 94-03-23);

(4.1) the Regulation respecting the appointment and remuneration of directors of professional services and directors of public health (O.C. 1094-94, 94-07-13);

(5) the Regulation respecting the dismissal, non-renewal of employment, termination of employment, suspension without pay, demotion and severance pay of officers of regional boards and health and social services institutions (O.C. 1843-94, 94-12-21);

(6) Chapter 3 of the Regulation respecting the progressive retirement plan and the management policy applicable to the management personnel of regional boards and of health and social services institutions (O.C. 1005-95, 95-07-19);

(7) the Regulation respecting remuneration of directors general and senior and intermediate officers of regional councils, public establishments and private establishments referred to in sections 176 and 177 of the Act respecting health services and social services (O.C. 1572-90, 90-11-07), except where they apply to the territory of the Cree Board of Health and Social Services of James Bay;

(8) the Regulation respecting the remuneration of executive directors and senior and middle management personnel of regional boards and health and social services institutions (O.C. 572-93, 93-04-21).

O.C. 1218-96, s. 131; O.C. 926-97, s. 15; T.B. 196312, s. 76.

132.However, among the provisions of which the replacement is prescribed in section 131, sections 129, 142 to 144 and 167 to 170 of the Regulation referred to in subparagraph 1 of section 131 and sections 3 to 6 of the Regulation referred to in subparagraph 2 of section 131 shall continue to apply to the officer covered by the applicable of these sections.

An officer whose salary is higher than the new salary class for his position at 30 June 1996 following the application of the second paragraph of section 44 of the Regulation referred to in subparagraph 7 of section 131 and of section 4.3 of the Regulation referred to in subparagraph 8 of section 131, shall continue to retain his salary.

O.C. 1218-96, s. 132.

133.An officer placed on reserve in accordance with the definition prescribed in Section 3 of Chapter 1 shall benefit, retroactively to the date on which his position is eliminated, from the provisions of Chapter 5 of this Regulation. In such case, the maximum amount that the officer is entitled to receive and that prescribed in the second paragraph, may not be higher than the equivalent of 36 months of his adjusted salary, if applicable.

The officer covered by sections 122 or 123 of the Regulation mentioned in subparagraph 1 of section 131 of this Regulation is deemed to have chosen, retroactively to the date of the application of those sections, the reinstatement option as prescribed in Division 5 of Chapter 5 of this Regulation.

Sections 16, 17, 24 and 25 of this Regulation shall come into force on 30 June 1996.

O.C. 1218-96, s. 133; O.C. 926-97, s. 16.

133.1.On 1 April 1997, a salary increase shall be granted to an officer whose work performance during the period from 1 April 1996 to 31 March 1997 is deemed satisfactory. There shall be no appeal under this Regulation regarding the appraisal made by the employer to that effect. The rate of this increase shall represent 4% of the salary of the officer at 31 March 1997, provided that this increase does not make the salary of the officer higher than the maximum of the salary class for his position.

Where an officer holds a part-time position on 1 April 1997 and the percentage of time worked is less than 50% for the reference period, the salary increase for satisfactory performance shall be 2% of his salary at 31 March 1997.

The second, third and fourth paragraphs of section 14 apply to the increase for 1997-1998, by substituting the date “1 April” for the date “1 July” wherever it is found and by making the consequential changes in Schedule II.

O.C. 244-97, s. 1.

133.2.No later than 1 May 1997, the remuneration of an officer shall be reduced by an amount equivalent to 1.3 days of work. A 1.5-day leave without pay shall be granted to the officer by the employer. The officer has until 31 March 1998 to take that leave.

Where an officer holds a part-time position, the reduction in remuneration and the corresponding leave without pay shall be determined in proportion to the time worked at his position.

The officer’s contribution to his retirement plan shall nonetheless be computed on the basis of the remuneration that he would have received were it not for the reduction in remuneration provided for in the first paragraph and in the second paragraph for a part-time officer.

O.C. 244-97, s. 1; O.C. 926-97, s. 17.

133.3.Section 27 has effect from 1 January 2001 and section 37 has effect from 1 July 2001.

134.The provisions applying to the definition of disability, to the definition of a disability period, to the level of benefits and those prescribed in Subdivision 3 of Division 7 of Chapter 4 shall not apply to an officer who is disabled on 31 March 1994. Such officer shall continue to be subject to the provisions that were applicable to that effect at the beginning of his disability, until the end of this disability.

O.C. 1218-96, s. 134.

134.1.The expression “régimes d’assurance collective” is substituted for the expression “régimes collectifs d’assurance” wherever the latter expression occurs in the French version of this Regulation.

T.B. 196312, s. 79.

134.1.1.As of 29 July 2009, a person referred to in the second paragraph of section 2 or section 37.1 and who is already employed with an employer and is participating at that time in group insurance plans provided for in Chapter 4 shall continue to benefit from those insurance plans for a maximum of 90 days from that date. Upon expiration of that period, that person shall cease to be covered by those insurance plans and shall receive the monetary compensation provided for in the second paragraph of section 37.

However, the first paragraph does not apply if the person concerned is disabled and is already covered by the salary insurance plan provided for in Chapter 4. In such a case, that person shall continue to benefit from the provisions of that plan and from the other group insurance plans provided for in this Chapter until the expiry date of his salary insurance benefits or until the termination date of those benefits as provided for in section 49 or in the master policy. As of that date, that person shall receive the monetary compensation provided for in the second paragraph of section 37.

M.O. 2009-007, s. 4.

134.1.2.An officer to whom section 134.1.1 applies and who, as of 20 April 2011, is receiving the 6% monetary compensation, may, notwithstanding the second paragraph of section 37.1, again be covered by management employees group insurance plans of the public and parapublic sectors in which the officer was participating on 28 July 2009, if he or she satisfies the following conditions:

(a) as of 20 April 2011, the officer still holds the position that he or she held on 28 July 2009 or, if the officer no longer holds that position, holds another management position with the same employer without interruption in the employment relationship between 28 July 2009 and 20 April 2011;

(b) the officer makes an application to the Minister of Health and Social Services no later than 45 days following 20 April 2011.

The officer must enclose with the application a copy of the letter of appointment to the management position, together with a letter from the employer stating that the officer satisfies the first condition above and that, as of 28 July 2009, he or she was covered by management employees group insurance plans of the public and parapublic sectors.

If applicable, the officer shall again be covered by management employees group insurance plans of the public and parapublic sectors no later than 90 days following 20 April 2011 and shall no longer be entitled, as of the date on which he or she is covered again, to the monetary compensation provided for in the second paragraph of section 37.1.

136.An officer whose choice of an employment stability measure took effect, pursuant to the third paragraph of section 94, before 23 March 2015 shall continue to benefit from the provisions of the chapter in force on 22 March 2015.

M.O. 2015-003, s. 9.

137.An officer who benefits from the provisions in Chapter 4.1 before 29 March 2017 continues to benefit from the provisions in Chapter 4.1 in force on 28 March 2017.

These salary rates shall determine, for each of these salary classes, the minimum and maximum salary limits for the annual salary of a full-time officer.

The conversion of the annual salary of an officer into a weekly salary is obtained by dividing the annual salary by 52.18. The conversion of the annual salary of an officer into a daily salary is obtained by dividing the annual salary by 260.9.

On 31 July 2019, the officer is integrated into the new salary class and receives the adjustment percentage corresponding to the difference between the maximum of the former salary scale and the maximum in the new salary scale, provided the adjustment does not bring the officer’s salary above the maximum or below the minimum of the salary scale of the new class.

Where an officer’s salary is reduced following the integration in the new salary structure:

— the entire difference between the salary the officer was receiving before the integration into the new scale and the new salary to which the officer is entitled is paid in the form of lump sums for the first 3 years following the integration;

— two-thirds of the difference between the salary the officer was receiving before the integration into the new scale and the new salary to which the officer is entitled will be paid in the same manner during the fourth year;

— one-third of the difference between the salary the officer was receiving before the integration into the new scale and the new salary to which the officer is entitled will be paid in the same manner during the fifth year.

On 31 July 2019, an officer physician is integrated into the new salary class and receives the adjustment percentage in the new class, provided the adjustment does not bring the salary of the officer physician above the new rate provided for the new class.

Where the salary of an officer physician is reduced following the integration into the new salary structure:

— the entire difference between the salary the officer physician was receiving before the integration into the new scale and the new salary to which the officer physician is entitled is paid in the form of lump sums for the first 3 years following the integration;

— two-thirds of the difference between the salary the officer physician was receiving before the integration into the new scale and the new salary to which the officer physician is entitled will be paid in the same manner during the fourth year;

— one-third of the difference between the salary the officer physician was receiving before the integration into the new scale and the new salary to which the officer physician is entitled will be paid in the same manner during the fifth year.

All the sums relating to temporary administrative measures paid as of 30 July 2019 under section 29.0.10, as it read on that date, are not considered in the application of the fourth paragraph.